Crl.O.P.No.30614 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

Crl.O.P.No.30614 of 2022

Madasamy,

S/o.Mayandi

.. Petitioner

Vs.

State represented by

The Inspector of Police,

Thiruverkadu Police Station,

Avadi.

(Crime No.595 of 2022)

.. Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of

Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.595

of 2022 pending investigation on the file of the respondent police.

For Petitioner

:

Mr. S.Marshall

For Respondent

:

Mr.S.Vinoth Kumar

Govt. Advocate (Crl. Side)

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Crl.O.P.No.30614 of 2022

O R D E R

The petitioner who was arrested and remanded to judicial custody on

19.11.2022 for the offences under Sections 24(1) of Cigarette and Other

Tobacco Products Act, 2003 (COTPA) and under Sec.328 of I.P.C. in

Cr.No.595 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 11.09.2022, on a secret

information, while the respondent police on check-up, visited the shop at

No.33, Surya Nagar, Thiruverkadu, Chennai and found (1) Coolip-405

packets (2) Hans 105 packets (3) Chaini-120 packets and (4) Remo -02

packets. Hence, the complaint.

3. The learned counsel for the petitioner submitted that he has not at

all committed any offence as alleged by the respondent police and he is no

way connected with the offence and he has been falsely implicated in this

case. He would further submit that the investigation is almost completed

and that the petitioner has been suffering incarceration for more than 22

days from 19.11.2022. Hence, he prayed to grant bail to the petitioner.

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Crl.O.P.No.30614 of 2022

4. The learned Government Advocate (Crl. Side) would submit that on

the date of occurrence, the petitioner was found in illegal possession of 830

pockets of banned tobacco products worth about Rs.20,000/- with an

intention to sell the same at higher price and one previous case pending

against this petitioner. He would submit that the petitioner is sole accused in

this case. He would submit that if he is released on bail, he would hamper

the investigation and tamper the witnesses. Hence, he opposed to grant bail

to the petitioner.

5. Considering the facts and circumstances of the case and also

considering the period of incarceration undergone by the petitioner, this

Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of

Rs.20,000/- (Rupees Twenty Thousand Only) as non-refundable deposit

to the credit of Society for the Educational and Economic Development

(SEED) Reg., Sriperumbudur,

Account Name : SEED,

A/C/No.2926101000002, Canara Bank, Sriperumbudur, IFSC

CNRB0002926 (Cell No.99448 12053) and on such deposit, the petitioner

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Crl.O.P.No.30614 of 2022

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, for a like sum to

the satisfaction of the learned Judicial Magistrate-II, Poonamallee, and on

further conditions that:

(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;

(b) the petitioner shall report before the respondent

police on every Friday at 10.30 a.m. for the period of two

months.

(c) the petitioner shall not tamper with evidence or

witness either during investigation or trial;

(d) the petitioner shall not abscond either during

investigation or trial;

(e) on breach of any of the aforesaid conditions, the

learned Magistrate/ Trial Court is entitled to take appropriate

action against the petitioner