The court held that the petitioner is entitled to bail subject to the conditions mentioned above.

CRL OP(MD). No.673 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 11/01/2023

PRESENT

The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

CRL OP(MD). No.673 of 2023

Esakki

... Petitioner/Accused No.1

Vs

The State Rep. by,

The Inspector of Police,

Kadayam Police Station,

Tenkasi District.

(Crime No.359/2022).

... Respondent/Complainant

For Petitioner : M/s.S.Ragaventhree

Advocate.

For Respondent : Mr.T.Senthilkumar,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-

For Bail in Crime No.359/2022 on the file of the Respondent

Police.

ORDER : The Court made the following order :-

The petitioner/A1, who was arrested and remanded to judicial

custody on 20.12.2022 for the offence punishable under Section 328

IPC and Section 6(b) and 24(1) of COTPA Act 2003 in Crime No.359 of

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

2.The case of the prosecution is that the accused persons were

found in illegal possession of banned tobacco products worth about

Rs.20,268/-. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit

that the petitioner is an innocent person and he has been falsely

implicated in this case. Hence, she seeks for bail.

4.The learned Additional Public Prosecutor appearing for the

respondent would submit that the petitioner is a habitual offender

and having four previous cases, out of which, three previous cases

of similar in nature and he would oppose for grant of bail.

1/3

https://www.mhc.tn.gov.in/judis

CRL OP(MD). No.673 of 2023

5.At this juncture, the learned counsel for the petitioner

would submit that the petitioner is aged about 65 years and without

prejudice to his defence, he is ready and willing to deposit

Rs.35,000/-(Rupees Thirty Five Thousand only) to any welfare scheme

conducted by the Government.

6.Heard. Perused the materials available on record including

the First Information Report.

7.Taking into consideration of the facts and submissions made

by the learned counsels and also taking into consideration the

period of incarceration, this Court is inclined to grant bail to the

petitioner subject to the following conditions:

8.Accordingly, the petitioner shall make a donation/non-

refundable deposit a sum of Rs.35,000/- (Rupees Thirty Five Thousand

only) to the credit of Women Advocates Association, Madurai Bench of

Madras High Court (Account No:6477041768, IFSC Code:- IDIB00H040,

Indian Bank, High Court Branch, Madurai) for the purpose of

maintaining crèche without prejudice to his rights and contentions

before the trial Court and produce the receipt/acknowledgement

before the trial Court. However, it is made clear that the deposit

being made by the petitioner, would not amount of admission of guilt

by him.

9.On production of proof of such receipt/acknowledgement, the

petitioner is ordered to be released on bail on condition to execute

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, Ambasamudram and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb

Impression in the surety bond and the learned 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

daily at 10.30 a.m., until further orders;

(c) the petitioner shall not commit any offences of similar

nature;

(d) the petitioner shall not abscond either during

investigation or trial;

(e) the petitioner shall not tamper with evidence or witness

either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned

Judicial Magistrate/Trial Court is entitled to take appropriate

action against the petitioner in accordance