Periyasamy v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14049 of 2023 Periyasamy ... Petitioner/Accused No.1

Vs The State represented by The Inspector of Police, Viralimalai Police Station, Pudukkottai District. (in Crime No.244 of 2023) ... Respondent/Complainant For Petitioner : M/s.Ganapathi Subramanian P,

Advocate. For Respondent : Mr.B.Nambiselvan,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime no.244 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 23.07.2023 for the alleged offence under Sections 273, 328 of IPC r/w 7, 20(1) of COTPO Act, in Crime No.244 of 2023, on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner was found in illegal possession of 141 Kgs of banned tabacco products. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner is in custody from 23.07.2023. Hence, prays for bail.

¶4The learned Additional Public Prosecutor (Crl.Side) submitted that the petitioner is having no previous cases. But, the petitioner has illegally found in possession of 141 Kgs of banned tabacco products, its worth about of Rs.1,45,000/-. Hence, prays to dismiss the petition.

¶5Considering the facts and circumstances of the case and the petitioner is not having any previous cases and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions.

¶6Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.1,45,000/- (Rupees One Lakh and Forty Five Thousand only) to the credit of Cr.No.244 of 2023 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

¶7On such deposit being made, the petitioner is ordered to be released on bail, on executing a personal 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, Illupur and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/-

01/08/2023

/ TRUE COPY /

01/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. TTA TO 1 THE JUDICIAL MAGISTRATE, ILLUPUR. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI. 4 THE INSPECTOR OF POLICE VIRALIMALAI POLICE STATION, PUDUKKOTTAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. +1 CC to M/s.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-11637[I] dated 01/08/2023 ) ORDER IN CRL OP(MD) No.14049 of 2023 Date :01/08/2023 SS/VRS/01/08/2023/3P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023