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Madras High CourtCRL OP/968/2021granted

Karthik v. State By

2021-01-25Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.01.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.968 of 2021 Karthik, ... Petitioner Vs.

The State Rep. by ... Respondent The Inspector of Police, CSCID Police Station, Krishnagiri, Krishnagiri Dt.

(Crime No.96 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.96 of 2020 pending investigation on the file of the Respondent. For Petitioner : Mr. M.Jayachandran For Respondent : Mrs.M. Prabhavathi, Addl. Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 18.12.2020 for the offence punishable under Section 6(4) of TNSC (RDCS) Order, 1982 r/w 7(i) a (ii) of E.C. Act, 1955 in Crime No.96 of 2020, seeks bail.

2. The petitioner is a sole accused. The case of the prosecution is that on 17.12.2020, when the respondent police was on their patrol duty, they found that the petitioner is said to have transported 850 kgs. of PDS rice worth about Rs.4,803/- without getting any valid license from Government authority. In the said circumstances, the petitioner was arrested on 18.12.2020, the F.I.R. has been registered against him and vehicle has been seized. Now, the present petition has been filed seeking bail.

3. The learned counsel for the petitioner would submit that the petitioner is only driver of the vehicle and as per instruction of owner, he has driven the vehicle. He would submit that he did not aware of the bags are PDS rice. He would submit that he has been falsely implicated in this case and he is no way connected with the offence as alleged in the complaint. He would

further submit that the petitioner is in judicial custody since 18.12.2020. Hence, he prays for grant of bail. 4.The learned Additional Public Prosecutor would submit that the petitioner has transported 850 kgs. of PDS rice, which is to be given to the poor people. She would submit that the petitioner is not having bad antecedents against him. However, she opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances and also considering the fact that the petitioner is not having bad antecedents and the petitioner is in judicial custody from 18.12.2020, this Court is inclined to grant bail to the petitioner in subject to the following conditions:

(a) Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate No.I, Krishnagiri, and on further conditions that:

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner, on his release from prison, shall report before the respondent police, daily at 10.30 a.m for the period of two weeks;

(d) the petitioner shall not commit any offences of similar nature;

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

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial; (g) on breach of any of the aforesaid conditions, the learned Judicial 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];

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

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 25/01/2021 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-I, KRISHNAGIRI .

2 THE CHIEF JUDICIAL MAGISTRATE, KRISHNAGIRI [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CSCID POLICE STATION, KRISHNAGIRI DISTRICT.

5 THE OFFICER INCHARGE, SUB-JAIL, KRISHNAGIRI.

CC to M/S. M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.968/2021 Date :25/01/2021 MN-27/01/2021