Vinothsingh v. State Rep. By

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.1364 of 2022 Vinothsingh ... Petitioner Vs.

State Rep. by The Inspector of Police, Shevapet Police Station, Salem.

(Crime No.577 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to grant bail for the petitioner herein in Crime No.577 of 2021 on the file of the respondent. For Petitioner : Mr.B.Vasudevan For Respondent : Mr.A.GokulaKrishnan Additional Public Prosecutor

ORDER

The petitioner who was arrested and remanded to judicial custody on 18.12.2021 for the offences under Sections 273, 328, IPC and Section 77 of the Juvenile Justice (Care and Protection of Children) Act 2015 and Section 57, 59 of Food Safety and Standard Act 2006 and Section 6, 24(1) of Cigarette and other Tobacco Products Act 2003 in Crime No.577 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on the date of occurrence, when the respondent police was on regular patrol, they found that the petitioner was in illegal possession of 30 kgs of contraband Tobacco products worth about Rs.90,000/-. 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. However,

on instruction, on his own volition, without prejudice his defence, ready and willing to contribute a sum of Rs. 50,000/- for any charitable purpose as imposed by this Court and that he has been suffering incarceration for more than 30 days from 18.12.2021. He would pray for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor raised objection stating that the the petitioner was in illegal possession of 30 kgs of contraband Tobacco products worth about a sum of Rs.90,000/- and he further submitted that the petitioner is having two previous cases.

5. Considering the submissions 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 Cancer Institute (WIA) (Regional Cancer Centre), Adyar, Chennai - 600020, bearing A/c.No.149710011005477, Andhra Bank, Madhya Kailash Branch, without prejudice to his rights and contentions. The amount so deposited shall be utilised by the said Cancer Institute for the treating the patients.

6. It is made clear that the deposit of the amount by the petitioner to the said Institute 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 investigation is completed and there is no previous case against the petitioner 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 is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) as non-refundable deposit through RTGS/NEFT/Demand Draft in favour of the Cancer Institute (WIA) (Regional Cancer Centre), Adyar, Chennai - 600020, bearing A/c.No.149710011005477, Andhra Bank, Madhya Kailash Branch. On proof of such deposit, 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 execute two sureties for a sum of Rs.

(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 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.

-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, NO.III, SALEM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM DISTRICT. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, SHEVAPET POLICE STATION, SALEM.

6 THE CANCER INSTITUTE (WIA) (REGIONAL CANCER CENTRE), ADYAR, CHENNAI - 600020, BEARING A/C.NO.149710011005477, ANDHRA BANK, MADHYA KAILASH BRANCH.

CC to M/S.B.VASUDEVAN Advocate on payment of necessary charges CRL OP.1364/2022 Date :24/01/2022 RW 25/01/2022