Harish v. State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1078 of 2022 Harish ... Petitioner Vs.
The State represented by The Inspector of Police, Sunguvarchatram Police Station, Kanchipuram District.
(Crime No.721 of 2021) ... Respondent/complainant Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on Anticipatory Bail in the event of his arrest in Crime No.721 of 2021 pending investigation on the file of the respondent police. For Petitioner : Mr.M.P.Saravanan For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 353, 506(i) of IPC r/w 24 (1) of Cigarette and Other Tobacco Products Acts 2003, in Crime No.721 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner was alleged to have possession of 679 kgs of contraband tobacco products. Hence the complaint.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submits that the petitioner, on his own
volition, is ready and willing to contribute a sum of Rs.1,00,000/- to any Charitable Purpose as may be directed by this Court and he prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent opposed for granting anticipatory bail to the petitioner by stating that the petitioner had illegally possessed a 679 kgs of contraband tobacco products and there are no previous cases pending against this petitioner.
5. Considering the facts and circumstances of the case and also considering the submissions made by the both counsel and also the fact that the petitioner has willfully and on his own volition agreed to contribute a sum of Rs.1,00,000/- for charitable purpose, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Sriperumbudur, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
[a] the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees one lakh only) to the Adyar Cancer Institute, Chennai within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier and shall produce the said receipt before the Court below; [b] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [c] the petitioner shall report before the respondent police on every Wednesday at 10.30 a.m for a period of four weeks and thereafter as and when required for an interrogation;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall not abscond 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 has been imposed and the petitioner is 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;
[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
-sd/- 24/01/2022 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, SRIPERUMBUDUR.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, SUNGUVARCHATRAM POLICE STATION, KANCHIPURAM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE ADYAR CANCER INSTITUTE, CHENNAI.
CC to M/S.M.P.SARAVANAN Advocate on payment of necessary charges CRL OP.1078/2022 Date :24/01/2022 JPA 31/01/2022