Murugesan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Murugesan ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep By, The Inspector of Police, Palamedu Police Station, Madurai District.
(Cr.No.249/2024.) ... Respondent/Complainant For Petitioner :
Mr.M.Thiyagarajan, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.249 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner /Sole Accused, who was arrested and remanded to judicial custody on 14.11.2024 for the offence under Sections 7 and 20(1) of Cigarette and 1/4
Other Tobacco Products Act, 2003 and Sections 275 and 123 of BNS and Section 52 of Food Safety and Standards Act, 2006 in Crime No.249 of 2024 on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the petitioner is running a tea shop. In the tea shop, he was found in possession of 4 1⁄2 kgs of prohibited tobacco substances.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public prosecutor appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case and considering the quantity of tobacco that was seized and taking note of the fact that the petitioner is facing judicial custody from 14.11.2024 and there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions.
5. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on executing 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, Vadipatti, Madurai District and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass 2/4
Book to ensure their identity.
[b] the petitioner shall report before the respondent Police every Friday at 05.30 p.m. for a period of six weeks and thereafter, as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 10/12/2024 / TRUE COPY / 10/12/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG 3/4
To 1.The Judicial Magistrate, Vadipatti, Madurai District.
2.Do through the Chief Judicial Magistrate, Madurai District.
3.The Inspector of Police, Palamedu Police Station, Madurai District.
4.The Superintendent, Central Prison, Madurai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.21654 of 2024 Date :10/12/2024 ED/ /SAR- (10/12/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4