Dineshkumar 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. 833 of 2022 DINESHKUMAR ... Petitioner Vs.

State Rep. by The Sub Inspector of Police, Tiruchengode Rural Police Station, Namakkal District.

Crime.No.549 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.549 of 2021 pending investigation on the file of the respondent police. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.N.S.Suganthan Government Advocate

ORDER

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 18.12.2021 for the offences under Sections 120(B),273, 328 IPC and Sec.24(1)of Cigarette and other Tobacco Products Act 2003, in Crime No.549 of 2021,on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 09.12.2021 at about 05.30 a.m, when the respondent police officials engaged in regular vehicle inspection, they found the petitioner was in possession of illegal banned Tobacco products viz., Hans weighing to 165 Kg and 35 Kgs of V-1 Tobacco. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and that the petitioner has been suffering incarceration for more than 23 days from 18.12.2021. However, on instructions, the learned counsel further submitted that the petitioner, without prejudice his rights, on his own volition, is ready and willing to contribute a sum of Rs.15,000/- for the purpose of improving and maintaining the Government Schools and he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent raised formal objection but admits that investigation is almost completed.

5. Considering the facts and circumstances of the case and that the 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 ) the petitioner shall make a non-refundable deposit of Rs.

15,000/- (Rupees Fifteen Thousand only)each, to the credit of the Chief Educational Officer, Namakkal District for the rehabilitation and improvement of the basic needs within 4 weeks in the Government Schools in the said District under necessary acknowledgement, without prejudice to his defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgement, shall accept the sureties furnished by the petitioner; (b) Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.

(c) the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, before the learned Judicial Magistrate, Tiruchengode, 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; (d)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; (e)the petitioner shall report before the respondent police on every Wednesday 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.

6. In the result, this Criminal Original Petition is ordered and the Chief Educational Officer shall submit the necessary proof with regard to the expenditure incurred for the improvement/rehabilitation of the Schools in the District before the Director of School Education as and when such works are completed by utilising the money as ordered by this Court.

-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, TIRUCHENGODE 2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUB INSPECTOR OF POLICE, TIRUCHENGODE RURAL POLCIE STATION, NAMAKKAL DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON,SALEM 6 THE CHIEF EDUCATION OFFICER, NAMAKKAL CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges Sr.648 CRL OP.833/2022 Date :12/01/2022 RVR 19/01/2022