Allowed

Krishnasamy v. The Sub Inspector of Police

Madras HC6 Oct 2022CRL OP(MD)/17676/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner in a case involving possession of incentivized tobacco products. The court imposed standard conditions including execution of a bond, reporting to police, and refrainment from tampering with evidence.

What did the court decide?

The criminal original petition was allowed. The petitioner is to be released on bail upon execution of a bond for Rs. 25,000 with two sureties and compliance with affected conditions.

Krishnasamy Vs The Sub Inspector of Police — Anticipatory Bail | Madras HC (2022)

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CRL OP(MD). No.17676 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 06/10/2022

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PRESENT

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The Hon`ble Mrs.Justice T.V.THAMILSELVI

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CRL OP(MD). No.17676 of 2022

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Krishnasamy ... Petitioner/Accused

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State rep. by The Sub Inspector of Police, Watrap Police Station, Virudhunagar District. (Crime No.235 of 2022). ... Respondent/Complainant

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For Petitioner : M/s.Senthil Kumar B, Advocate.

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For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

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PRAYER :-

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For Anticipatory Bail in Crime No.235 of 2022 on the file of the respondent police.

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ORDER : The Court made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 328 of IPC and Section 6(b) r/w 24(1) of Cigarette and other Tobacco Products (Prohibition) Act, 2003, in Crime No.235 of 2022, seeks anticipatory bail.

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2.The case of the prosecution is that when the respondent police was on duty to conduct the vehicle check up, the accused persons carried tobacco betel nuts worth about Rs.450/-. Hence, the complaint.

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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated https://www.mhc.tn.gov.in/judis in this case.

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CRL OP(MD). No.17676 of 2022

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4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that investigation is pending.

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5.Considering the facts and circumstances of the case and the nature of allegation levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

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6.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Srivilliputhur, Virudhunagar District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

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[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

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[b] the petitioner shall report before the respondent police as and when requires for interrogation.

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[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial.

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[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].

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/ /2022

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.17676 of 2022

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