M.Mohanraj 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 M.Mohanraj ... Petitioner/Accused (Single) Vs The State Rep. by, The Sub Inspector of Police, Karur Town Police Station, Karur District.
Cr.No.795/2022.
... Respondent/Complainant For Petitioner : M/s. Anand.R, 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.795/2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 20.12.2022 for the offence punishable under Sections 273 and 328 of IPC r/w Section 77 of Juvenile Justice Act, 2015 and Section 24(1) of Cigarettes and other Tobacco Products Act 2003 in Crime No.795 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 20.12.2022, 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 300 grams of Hans-5 bundles (75 packets) and 150 grams of Cool lip (10 Packets) of poisonous banned Tobacco materials for sale. Hence he opposed to grant bail to the petitioner. However he fairly concedes that no previous case is pending against the petitioner. 5.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.I, Karur, 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.
SJI/PNN 2/3
TO
1. THE JUDICIAL MAGISTRATE NO.I, KARUR.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
3. THE OFFICER-INCHARGE, SUB-JAIL, KARUR.
4. THE SUB INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.ANAND, Advocate ( SR-15617[I] dated 28/12/2022 )
ORDER
IN CRL OP(MD) No.23304 of 2022 Date :28/12/2022 USK/MMS/SAR- /28.12.2022/3P/7C 3/3