Vadakaraiyan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/12/2022 PRESENT The Hon`ble Ms.Justice R.N.MANJULA Vadakaraiyan ... Petitioner/Accused No.2 Vs State Rep.by The Sub Inspector of Police, Manur Police Station, Tirunelveli District.
Cr.No.451/2022.
... Respondent/Complainant For Petitioner : M/s.D.Vijay Antony, Advocate. For Respondent : Mr.A.Thiruvadikumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.451/2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/A2 who was arrested and remanded to judicial custody on 18.12.2022 for the offence punishable under Section 6 and 24(1) of Cigarette and other Tobacco Products Act, 2003 and Section 77 of the Juvenile Justice (Care and Protection) Act, 2015 in Crime No.451 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner was found in illegal possession of banned tobacco products. Hence the present case came to be registered.
3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would also submit that for statistical purpose this case has been foisted against the petitioner. He would further submit that the petitioner is in judicial custody from 18.12.2022, hence he seeks bail.
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4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was found in possession of 37 packets of banned tobacco products. Hence he opposed to grant bail to the petitioner. However he fairly concedes that no previous case is pending against the petitioner.
5.Heard. Perused the materials available on record including the First Information Report.
6.Taking into consideration of the facts and submissions made by the learned counsels and also taking into consideration the period of incarceration and also the fact that no previous case is pending against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Tirunelveli and on further conditions that:
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;
(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
(d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial;
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
(h) if the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 28/12/2022 / TRUE COPY / 28/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI. 4 THE SUB INSPECTOR OF POLICE, MANUR POLICE STATION, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.23270 of 2022 Date :28/12/2022 RS/BUC/SAR.(28.12.2022) 3P-6C 3/3