Sekar @ Pitchaiah v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sekar @ Pitchaiah, ... Petitioner/Accused No.2

Vs The State rep.by, The Inspector of Police, Tenkasi Police Station, Tenkasi District. Crime No.350 of 2022.. ... Respondent/Complainant For Petitioner : M/s.R.J.Karthick,

Advocate. For Respondent : Mr.S.Manikandan,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.350 of 2022 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 6(b), 24(1) of Cigarette and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003 and Section 77 of the Juvenile Justice (Care and Protection of Children Act, 2015, in Crime No.350 of 2022, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner was found in illegal possession banned tabacco of 300 gram 4 packets and 20 gram packets 11. Hence, the complaint.

¶3The learned counsel for the petitioners submitted that the petitioner is an innocent persons and he has not committed any offence as alleged by the prosecution.

¶4The learned Government Advocate(Crl.side) appearing for the respondent police submitted that no previous case is pending against this petitioner.

¶5Considering the facts and circumstances of the case and also the fact the petitioner is not having any bad antecedents, this Court is inclined to grant bail to the petitioners, however, with stringent conditions.

¶6Accordingly, the petitioners are ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate Court, Tenkasi, and on his executing 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 learned Magistrate concerned; and the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

¶7The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/-

02/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. tta TO

1.THE JUDICIAL MAGISTRATE, TENKASI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3.THE INSPECTOR OF POLICE, TENKASI POLICE STATION, TENKASI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.R.J.KARTHICK Advocate SR.No.11684 ORDER IN CRL OP(MD) No.14117 of 2023 Date :02/08/2023 RK/MMS (09/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023