Pandiyan @ Kattapandiyan @Durairajan v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1085 of 2022 PANDIYAN @ KATTAPANDIYAN @ DURAIRAJAN

...Petitioner

Vs.

The State Rep. by Inspector of Police, Mannargudi Town Police Station, Thiruvarur District.

Crime No: 1558 of 2021 ... 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.1558 of 2021 pending on the file of the Inspector of Police, Mannargudi Town Police Station, Thiruvarur District.

For petitioner : M/s.Swamisubramanian For Respondent : Mr.A.Gokulakrishnan (Additional Public Prosecutor)

O R D E R

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 01.11.2021 for the offences under Sections 120(B), 420, 465, 468, 471 and 486 of IPC read with Section 4(1)(a) r/w. 4(1-A) of Tamil Nadu Prohibition Act and in Sections 4 and 7 of Tamil Nadu Rectified Rules 2000, in Crime No.1558 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused were found illegally transporting 20 liters of rectified spirit in a Scooty Pep vehicle. Further, the petitioner along with others had printed duplicate seal in the bottles and sold the rectified spirit in the liquor bottles to the public. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has been suffering incarceration for more than 75 days from 01.11.2021. He would further submit that the petitioner on his own volition ready to deposit a substantial amount to any charitable institute as may be directed by this Court and would pray for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for respondent would raise strong objection stating that petitioner is arrayed as A7 and he has got 4 previous case of same nature and that the petitioner was illegally transporting 20 liters of rectified spirit in a Scooty Pep vehicle. He would further submit that the coaccused/A1 & A2 has already been detained under Goondas but admits that the investigation is almost completed.

5. Considering the submission made by the learned counsel for the petitioner, this Court is of the opinion that the petitioner shall be directed to make a non refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand Only), to the credit of the Registered Advocate Clerks Association, Pondicherry, without prejudice to his rights and contentions. The amount so deposited shall be utilised by the Association for the welfare of the Advocate clerks.

6. It is made clear that the deposit of the amount by the petitioner to the said Association would not amount to admission of guilt. The trial Court shall deal with the case independently on merits without reference to the amount deposited at the stage of bail.

7. Considering the fact that investigation is almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

(a) Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner have been confined and thereafter on his release; (b) the petitioner shall make non-refundable deposit a sum of Rs.15000/- (Rupees Fifteen Thousand Only), through demand draft to the Registered Advocate Clerks Association, Pondicherry, without prejudice to his defence before the trial Court and on such deposit, the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, before the learned Judicial Magistrate No-I, Mannargudi, Thiruvarur District, within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically;

(c) 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; (d) the petitioner shall report before the respondent police on every Tuesday and Satuday at 10.30 a.m, until further orders; (e) the petitioner shall not commit any offences of similar nature;

(f) the petitioner shall not abscond either during investigation or trial;

(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(h) 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 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]; (i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

8. With the above directions, this Criminal Original Petition is ordered.

-sd/- 20/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE NO.I, MANNARGUDI, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVARUR DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, MANNARGUDI TOWN POLICE STATION, THIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPALLI.

6 THE REGISTERED ADVOCATE CLERK ASSOCIATION, PONDICHERRY.

CC to SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.1085/2022 Date :20/01/2022 INBA~21/01/2022