Y.Pilavendiran @ Raja v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.16307 and 16308 of 2023 Y.Pilavendiran @ Raja ... Petitioner/ Accused No. 2 Vs The Inspector of Police, Sivakasi East Police Station, Virudhunagar District. Crime No.330 of 2023. ... Respondent/Complainant CRL OP(MD). No.16308 of 2023: Y.Pilavendiran @ Raja ... Petitioner/ Sole Accused Vs The Inspector of Police, Sivakasi East Police Station, Virudhunagar District. Crime No.333 of 2023. ... Respondent/Complainant IN BOTH CASES: For Petitioner : M/s.V.M.Jegadeeshapandian For Respondent : Mr.B.Nambiselvan,

Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime Nos.330 and 333 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused herein, who was arrested on 18.08.2023, for the alleged offence under Sections 328 of IPC r/w Section 6(b), 24(1) Cigarette and other Tobacco Products Act, 2003, in Crime Nos.330 and 333 of 2023, on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 13.08.2023, on receiving an information about selling of banned Tobacco products, the respondent police went to the place, found a bag in the custody of the petitioner and other accused persons, containing 5 Kgs of banned Tobacco products. They recovered the same and registered a case in Crime No.330 of 2023. On 18.08.2023, at about 11.00 a.m, when the police party were on picketing duty at Sivakasi-Virudhunagar Main road, the petitioner came in a two wheeler TVS Jupiter with one white color sack bag. On seeing the police, he attempted to escape from that place. The police recovered the bag and found 15 kgs of banned tobacco products worth about Rs.12,000/- and registered a case in Crime No.333 of 2023.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. She has been falsely implicated in this case. Hence, she seeks for the relief of bail.

¶4The learned Additional Public Prosecutor would submit that the petitioner has involved in five previous cases and made objections for grant of any relief to the petitioner.

¶5Considering the facts and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant relief to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 Judicial Magistrate No.II, Sivakasi, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/-

08/09/2023

/ TRUE COPY /

08/09/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. PNN TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAKASI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR. 3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR. 4 THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD). Nos.16307 and 16308 of 2023 Date :08/09/2023 SA/SAR. /08.09.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.