Allowed

Manikandan v. the State Rep by, the Inspector of Police

Madras HC16 Dec 2024CRL OP/31326/2024

Case brief

AI extract

What is this about?

Petitioner sought bail for offences involving possession of banned tobacco products, food safety violations, and Juvenile Justice Act offences. The Court imposed conditions including deposit to a welfare scheme and daily police reporting.

What did the court decide?

Bail granted subject to deposit of Rs. 5,000 to Satkaarya Trust, execution of bond for Rs. 15,000 with two sureties, and daily reporting to police at 10:30 a.m. until further orders.

Manikandan Vs the State Rep by, the Inspector of Police — Bail and Remand | Madras HC (2024)

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Crl.O.P.No.31326 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.12.2024

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CORAM

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THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.31326 of 2024

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Manikandan ... Petitioner

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Vs.

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The State Represented by, The Inspector of Police, Velankanni Police Station, Nagapattinam District. (Crime No. 321 of 2024).

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... Respondent

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PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.321 of 2024 , pending investigation on the file of the respondent Police.

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For Petitioner : Mr.J.Jawahar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

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O R D E R

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Petition seeking bail in respect of Crime No.321 of 2024 registered for

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the offences punishable under Sections 275, 123 of BNS, 2023, 77 of the Juvenile

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Justice (Care and Protection of Children) Act, 2015, 7, 20(1) of the Cigarettes and Other Tobacco Products Act, 2003 and Sections 52, 59 of the Food Safety and

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https://www.mhc.tn.gov.in/judis 1/6

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Crl.O.P.No.31326 of 2024

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Standards Act, 2006, is on board for consideration.

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The incarceration of the petitioner being from 30.11.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.5,000/- to any welfare scheme of the Government or any other organization. H e further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.

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The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, would submit that, on 30.11.2024, based on secret information, the respondent police went to the scene of occurrence and found that the petitioner in his Go-down nearby his house, were in illegal possession of banned tobacco products viz., 1) 100 grams of Vimal Pan Masala (31 pockets), 2) 300 grams of Hans Chaap (48 pockets), 3) 150 grams of Cool Lip (3 pockets) and 4) 25 grams of VI Tobacco (31 pockets). He would further submit that there is no previous case pending against the petitioner.

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Considering the voluntary submission made by the learned counsel

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https://www.mhc.tn.gov.in/judis 2/6

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Crl.O.P.No.31326 of 2024

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for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the “The Satkaarya Trust, No.10/46, Periyar Street, Thenpalani Nagar, Kolathur, Chennai – 600 099, ICICI Bank, Kilpauk Branch, A/c.No. 027801002323, IFSC Code No. ICIC0000278" without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

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Further, having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties , each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Kilvelur, and on further conditions that:

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[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 Book to ensure their identity;

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[b] the petitioner shall report before the

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https://www.mhc.tn.gov.in/judis 3/6

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Crl.O.P.No.31326 of 2024

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respondent Police, everyday at 10.30 a.m., until further orders;

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[c] the petitioner shall not abscond either during investigation or trial;

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[d] the petitioner shall not tamper with evidence or witness 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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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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16.12.2024

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dsn

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