High CourtsSingle Bench(2023) 11 MAD CK 0174

Sunilkumar S/O. Sathiyaprakash vs State

Madras High Court · Decided on 28 November 2023

HON’BLE JUDGES
C.V.Karthikeyan, J
CASE NUMBER
Criminal Original Petition No. 26927 Of 2023

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Judgment

12 paragraphs · 313 words

C.V.Karthikeyan, J

1.

The petitioner seeks bail in Crime No.168 of 2023, registered by the respondent police for the offences punishable under Section 24(1) of COTPA Act, 2003, and Sections 353 & 506(i) of IPC. He had been remanded to judicial custody on 07.11.2023.

2.It is stated that the petitioner had 12.5 grams of banned tobacco product in his house.

3.Taking all the factors into consideration, I am inclined to grant bail to the petitioner subject to the following conditions:

4.Accordingly, the petitioner is ordered to be released on bail on his 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 VIII Metropolitan Magistrate, George Town Court, Chennai, and on further conditions that :-

[a] the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity.

[b] the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non-refundable deposit directly to the credit of the Dean, Stanley Medical College & Hospital, Chennai.

[c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders.

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 Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.