Chakarapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/12/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM Chakarapandi, ... Petitioner/Accused Vs The Inspector of Police, Kallikudui Police Station, Madurai District.

Crime No.244/2023.

... Respondent/Complainant For Petitioner : M/s.PALMURUGAN.K, Advocate.

For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.244/2023 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 23.11.2023 for the alleged offence punishable under Sections 24(1) of Cigaratte and Other Tobacco Products Act, 2003 and Section 328 of IPC in Crime No.244 of 2023, on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 750kgs of banned tobacco products. Hence the case.

3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 23.11.2023, hence he seek bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that petitioner along with other accused were found in illegal possession of 750kgs of banned tobacco products, hence, he strongly objected to grant bail to the petitioner. However he fairly concedes that no previous case is pending against the petitioner.

5.Considering the nature of allegations made against the petitioner and also considering the period of incarceration and taking note of the fact that no previous case is pending against the petitioner and also taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40 and the nature of the offence alleged by the petitioner, this Court is inclined to grant bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail on condition to 2/4

execute a own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) subject to the satisfaction of the learned Judicial Magistrate, Thirumangalam and on further conditions that:

(i) the petitioner shall appear before the trial Court on receipt of summons (ii)the petitioner shall not tamper with evidence or witness; (iii)the petitioner shall not abscond during trial. (iv) 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]. v)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 21/12/2023 / TRUE COPY / 21/12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, THIRUMANGALAM, MADURAI DISTRICT.

4 THE INSPECTOR OF POLICE, KALLIKUDUI POLICE STATION, MADURAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.PALMURUGAN, Advocate ( SR-18170[I] dated 21/12/2023 ) ORDER IN CRL OP(MD) No.23181 of 2023 Date :21/12/2023 SA/SAR. /21.12.2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4