M.Ramalingam v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.974 of 2022 M.Ramalingam

...Petitioner

Vs.

The Station House Officer CSCID Cuddalore Police Station Cuddalore District

...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.267 of 2021 on the file of the respondent.

For Petitioner : Mr.D.Muthuselvam For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 26.12.2021 for the offence under Section 6(4) of TNSC (RDCS) Order 1982 read with 7(1) a (ii) of EC Act 1955, in Crime No.267 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused illegally transported 23 tonnes of PDS rice without any valid permit. 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 he has been suffering incarceration for 25 days from 26.12.2021. However, on instructions he would submit that the petitioner is ready and willing to deposit a substantial amount to any charitable institution as may be directed by this Court and hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise objection stating the petitioner along with other accused illegally transported 23 tonnes of rice which is worth about more than Rs.11 lakhs but admits that there is no previous case against the petitioner and the investigation is almost completed.

5. In order to curb the illegal activities and 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.50,000/- (Rupees Fifty Thousand Only), to the credit of the Ramakrishna Math, No.31, Ramakrishna Math Road, Mylapore, Chennai-600 004, without prejudice to his rights and contentions. The amount so deposited shall be utilised by the said Mutt for the rehabilitation of leprosy patients. 6.It is made clear that the deposit of the amount by the petitioner to the said Mutt 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 facts and circumstances of the case and the fact that the there is no previous case against the petitioner and 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) 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 has been confined and thereafter on his release; (b) the petitioner shall make non-refundable deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) through demand draft to the credit of Ramakrishna Math, No.

31, Ramakrishna Math Road, Mylapore, Chennai-600 004, 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, Cuddalore, 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 Sunday at 10.30 a.m. until further orders.

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

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

(g) 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;

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

-sd/- 19/01/2022 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, CUDDALORE.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE. [FOR INFORMATION] 3 THE OFFICER INCHARGE, SUB JAIL, VILLUPURAM.

4 THE STATION HOUSE OFFICER CSCID CUDDALORE POLICE STATION, CUDDALORE DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE RAMAKRISHNA MATH, NO.31, RAMAKRISHNA MATH ROAD, MYLAPORE, CHENNAI- 600 004.

CC to M/S.D.MUTHUSELVAM Advocate on payment of necessary charges CRL OP.974/2022 Date :19/01/2022 RW 19/01/2022