Murugan v. State Rep By Inspector Of Police

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.968 of 2022 (*)Murgan

...Petitioner

Vs.

The State rep. by Inspector of Police, (*)Vellore CSCID Police Station, Vellore District,

...Respondent

(Crime No.302 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.302 of 2021 on the file of the respondent police.

For Petitioner : Mr.M.Sathish Kumar For Respondent : Mr.N.S.Suganthan Government Advocate [Crl.O.P.No.968/2022] MR.L.Baskaran, Govt. Advocate (Crl. Side) [CrL.MP.No.1439/2022]

ORDER

The petitioner who was arrested and remanded to judicial custody on 28.12.2021 for the offences under Section 6(4) of TNSC (RDCS) order 1982, R/W 7(1) a (ii) of E.C.Act 1958 in Crime No.302 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 28.12.2021 at around 12.30 p.m. while the respondent was on a regular patrol, they found that the petitioner was found in illegal possession of 132 bags (each containing 50 Kgs of PDS rice). 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 from 28.12.2021. 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 found in illegal possession of 132 bags (each containing 50 Kgs of PDS rice). He further submits that 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 her 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, Thirupattur 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 No.IV, Vellore 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 daily at 10.30 a.m. until further orders;

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

(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.

(*)AMENDED AS PER ORDER OF THIS COURT DATED 28/02/2022 MADE IN CRL.MP.No.1439 OF 2022 IN CRL.O.P.NO.968 OF 2022 TO 1 THE JUDICIAL MAGISTRATE NO.IV, VELLORE, VELLORE DISTRICT.

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

(*)3 THE INSPECTOR OF POLICE, VELLORE CSCID POLICE STATION, VELLORE DISTRICT THE INSPECTOR OF POLICE, VELLORE POLICE STATION, VELLORE DISTRICT 5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE, VELLORE DISTRICT.

6 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

7 THE REGISTERED ADVOCATE CLERKS ASSOCIATION, THIRUPATTUR DISTRICT.

+1 CC to M.SATHISH KUMAR Advocate on payment of necessary charges SR.NO.3167 CRL OP.968/2022 Date :12/01/2022 INBA▬19/01/2022 JPA 08/03/2022