CRL OP(MD)/16034/2020 of Muthupandi Vs The Inspector of Police on 30 December 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

Date : 30/12/2020

PRESENT

The Hon`ble Mr.Justice G.ILANGOVAN

CRL OP(MD). No.16034 of 2020

1.Muthupandi

2.Sairam ... Petitioners/AccusedNo.2 and 3

Vs

The State rep.by The Inspector of Police,South Gate Police Station, Madurai City.

Crime No.1298 of 2020. ... Respondent/Complainant For Petitioners : Mr.Yogesh Jeeva, Advocate. For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side)

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

PRAYER :- For Bail in Crime No.1298 of 2020 on the file of the Respondentpolice.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners andthe learned Government Advocate(Crl. Side) appearing for therespondent.

2. The petitioners are arrayed as Accused Nos.2 and 3. Theywere arrested and remanded to Judicial Custody on 10.12.2020 for theoffences punishable under section 328 of I.P.C. and Sections 24(1),6(a) and 6(b) of Cigarette and Other Tobacco Product Act, in CrimeNo.1298 of 2020 on the file of the respondent police. They seekbail.

3. The case of the prosecution is that defacto complainant, whois working as Inspector of Police, recovered 395 Kgs of prohibitedtobacco articles from the first accused. Hence, the case.

4.The learned counsel appearing for the petitioners submittedthat the first petitioner and the second petitioner are working ashttps://hcservices.ecourts.gov.in/hcservices/Clerk and Assistant Manager in KPN Speed Parcel Service respectively. The petitioners are not having any bad antecedents andthe consignment was booked and subsequently cancelled by the HeadOffice, Bangalore. The petitioners were implicated only based on theconfession statement given by the first accused. He furthersubmitted that the first petitioner was affected by Covid-19.

5.The learned Government Advocate (Crl. Side) appearing for therespondent police submitted that 395 kgs of tobacco articles wereseized from the first accused and based on his confession statement,the petitioners were arrayed as accused Nos.2 and 3. Thepetitioners are not having any previous case in similar nature.

6. Considering the period of judicial custody, the petitionersare not having any previous case in similar nature and the firstpetitioner is affected by Covid – 19, I am inclined to enlarge thepetitioners on bail with certain conditions.

7. Accordingly, the petitioners are ordered to be released onbail on their executing a bond for a sum of Rs.10,000/- (Rupees TenThousand only) each with two blood sureties each for a like sum tothe satisfaction of the learned Judicial Magistrate No.IV, Madurai.

i) the sureties shall affix their photographs and left thumbimpression in the surety bond and the Magistrate/concerned court mayobtain a copy of their Aadhar card or Bank Pass Book to ensure theiridentity

ii) the petitioners shall report before the respondent policedaily at 10.30 a.m until further orders.

iii)the petitioners shall not tamper with evidence or witness.

iv) the petitioners shall not abscond during trial.

v)On breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate actionagainst the petitioners in accordance with law as if the conditionshave been imposed and the petitioners released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

vi) If the accused thereafter absconds, a fresh FIR can beregistered under Section 229A IPC.

sd/-

30/12/2020

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,https://hcservices.ecourts.gov.in/hcservices/ Madurai - 625 023.

https://hcservices.ecourts.gov.in/hcservices/

Note : In view of the present lock down owing to COVID-19 pandemic,a web copy of the order may be utilized for official purposes, but,ensuring that the copy of the order that is presented is the correctcopy, shall be the responsibility of the advocate/litigantconcerned.

TO

1.THE JUDICIAL MAGISTRATE No.IV MADURAI.

2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.3.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4.THE INSPECTOR OF POLICE, SOUTH GATE POLICE STATION, MADURAI CITY.

5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.