Disposed

Muthukumar v. State Represented by

Madras HC16 Feb 2024CRL OP/3644/2024

Case brief

AI extract

What is this about?

Petitioner, an accused in a case under Section 328 IPC and COTPA provisions for possessing 9.350 kgs of banned tobacco products, sought bail after remand to judicial custody. The court granted bail on executing a bond with two sureties, subject to conditions including daily police reporting and non-tampering with evidence or witnesses.

What did the court decide?

Petitioner released on bail on bond of Rs.10,000 with two sureties, subject to daily reporting before respondent police and other conditions.

Muthukumar Vs State Represented by — Narcotics (NDPS) | Madras HC (2024)

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Crl.O.P.No.3644 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.02.2024

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CORAM

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THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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Crl.O.P.No.3644 of 2024

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Muthukumar

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...Petitioner/Accused

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Vs.

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State represented by The Inspector of Police, B-2, Esplanade Police Station, Chennai.

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(Crime No.18 of 2024) ...Respondent

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PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.18 of 2024 on the file of the respondent police on such terms and conditions.

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For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

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1/4 https://www.mhc.tn.gov.in/judis

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ORDER

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Crl.O.P.No.3644 of 2024

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The petitioner/A2 in Crime No.18 of 2024, registered by the respondent police for the offence under Section 328 of IPC and Sections

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6(b) and 24(1) of COTPA Act, 2003, seeks bail.

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2.The petitioner had been remanded to judicial custody on 25.01.2024 with possession of 9.350 kgs of banned tobacco products.

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3.Taking all the factors into consideration, I am inclined to grant bail to the petitioner subject to the following conditions:

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4.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 VII Metropolitan Magistrate, George Town, 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 respondent police everyday at 10.30 a.m., until further orders.

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Crl.O.P.No.3644 of 2024

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

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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

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under Section 229A IPC.

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16.02.2024

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ata

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Crl.O.P.No.3644 of 2024