Crl.O.P.No.582 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2023

CORAM:

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

Crl.O.P.No.582 of 2023

P.Selvam,

S/o.Perumal

.. Petitioner

Vs.

State represented by

The Inspector of Police,

Mailam Police Station,

Mailam, Villupuram Dt.

(Crime No.546 of 2022)

.. Respondent

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

Cr.P.C. praying to enlarge the petitioner on bail in Crime No.546 of 2022 on

the file of the respondent police.

For Petitioner

:

Mr.G.Tamilselvan

For Respondent

:

Mr.S.Vinoth Kumar

Govt. Advocate (Crl. Side)

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Crl.O.P.No.582 of 2023

O R D E R

The petitioner, who was arrested and remanded to judicial custody on

22.12.2022 for the alleged offence under Sections 24(1) of Cigarette and

other Tobacco Products Act, 2003 r/w Sec.328 of I.P.C. in Crime No.546 of

2022 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on 22.12.2022, when the

respondent police was on their inspecion, the petitioner was found in

possession of 1500 small hans packets worth about Rs.1,50,000/-, which

was banned by the State Government and seized the same. Hence, the

complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner submitted that he is

an innocent person and he is no way connected with the offence and he has

not committed any of offence as alleged by the respondent police. He

would also submit that he has been falsely implicated in this case and he

will abide by any condition that may be imposed by this court. He would

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Crl.O.P.No.582 of 2023

also submit that the petitioner has been suffering incarceration for more

than 42 days from 22.12.2022. Hence, he prayed to grant bail to the

petitioner.

4. The learned Government Advocate (Crl. Side) appearing for

respondent would submit that the petitioner is the sole accused and there are

30 previous case similar in nature pending against him. He would submit

that the petitioner was found in possession of 1500 hans packets of banned

tobacco products, which is worth about Rs.1,50,000/- for selling the same at

higher rates. He would also submit that if he is released on bail, he would

hamper the investigation and tamper the witnesses and the investigation is

almost completed. However, he would vehemently opposed to grant bail to

the petitioner.

5. Considering the facts and circumstances and also the fact that the

investigation is almost completed, and considering the period of

incarceration undergone by the petitioner, this Court is inclined to grant bail

to the petitioner with certain conditions.

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Crl.O.P.No.582 of 2023

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

Rs.30,000/- (Rupees thirty thousand only) as non-refundable deposit to

the credit of the registered Advocates Clerks Association, Tindivanam

and on such deposit, the petitioner is ordered to be released on bail on

executing separate bonds 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-2, Tindivanam, 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 Tuesday and Sunday at 10.30 a.m. for the

period of three 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 entitle