Rajvimal @ Omakuchi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.657 of 2022 Rajvimal @ Omakuchi

...Petitioner

Vs.

State rep. by The Inspector of Police, Thirukannapuram, Nagapattinam.

...Respondent

(Crime No.74 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.74 of 2021 pending investigation on the file of the respondent police. For Petitioner : Mr.A.Raja Mohammed For Respondent : Mr.N.S.Suganthan Government Advocate

ORDER

The petitioner who was arrested and remanded to judicial custody on 01.12.2021 for the offences under Sections 4(1)(aaa) r/w 4(1-A) TN Prohibition Act in Crime No.74 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 01.12.2021, when the respondent police officials were on regular patrol duty, they found that the petitioner was in illegal possession of 110 litres of Pondy arrack and the same was seized from him. Hence, the complaint.

3. The learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and that he has been suffering incarceration for more than 40 days from 01.12.2021. However, on instructions, he submits that the petitioner is ready and willing to pay a sum of Rs.20,000/- to any Charitable Institute as may be directed by this Court and he would pray for grant of bail to the petitioner.

4.The learned Government Advocate raised objection stating that the petitioner was in illegal possession of 110 litres of Pondy arrack and the same was seized from him.. He further submits that the petitioner is having three previous cases and out of which, one was 302 IPC case and the investigation was almost completed.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering the period of incarceration undergone by the petitioner and the investigation was almost completed and also the fact that the petitioner has willfully and on his own volition agreed to contribute a sum of Rs.20,000/- for charitable purpose, this Court is inclined to grant bail to the petitioner with certain conditions;

(a) 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 has been confined and thereafter on his release; (b)the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty thousand only) to the Registered Advocate Clerks Association, Nagapattinam District and on such deposit, the petitioner shall execute two sureties for a sum of Rs.

10,000/- (Rupees Ten Thousand only), before the learned Judicial Magistrate Court-II, Nagapattinam 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 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 Saturday at 10.30 a.m.

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

(h)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]; and;

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

-sd/- 12/01/2022 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.II, NAGAPATTINAM 2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THIRUKANNAPURAM, NAGAPATTINAM.

5 THE OFFICER INCHARGE, DISTRICT PRISON, NAGAPATTINAM 6 THE SUPERINTENDENT, DISTRICT PRISON, NAGAPATTINAM 7 THE REGISTERED ADVOCATE CLERK ASSOCIATION, NAGAPATTINAM +2 CC to M/S.A.RAJAMOHAMED Advocate on payment of necessary charges Sr.632 CRL OP.657/2022 Date :12/01/2022 RVR 12/01/2022