G.Ravi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1691 of 2022 G.Ravi ... Petitioner Vs.
State Rep. By
...Respondent
The Inspector of Police, Salem Town Police Station, Salem District.
(Crime No.830 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.830 of 2021 pending investigation on the file of the respondent. For Petitioner : Mr.E.Kannadasan For Respondent : Mr.A.GokulaKrishnan Additional Public Prosecutor
ORDER
The petitioner who was arrested and remanded to judicial custody on 24.12.2021 for the offences under Sections 273, 328, 511 of IPC 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.830 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 were in routine patrol duty and they were proceeded near Vegetable Market situated on the backside of Pattaikovil, they found that the petitioner was in illegal possession of 1500 gms of banned tobacco products. Hence, the complaint.
3. The learned Counsel for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner was suffering incarceration for 30 days from 24.12.2021. Hence, he seeks to grant bail to the petitioner.
4. The learned Additional Public Prosecutor would raise objection stating that the petitioner was in illegal possession of 1500 gms of banned tobacco products.
5. Considering the facts and circumstances of the case and also the submissions made by both counsel and also considering the period of incarceration undergone by the petitioner , this Court is inclined to grant bail to the petitioner with 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 shall execute two sureties each like sum for a sum of Rs.10,000/- (Rupees Ten Thousand only), before the Judicial Magistrate No.
1, Salem, 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 Wednesday at 10.30 a.m.
[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/- 25/01/2022 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, SALEM.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, SALEM TOWN POLICE STATION, SALEM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
CC to M/S.E.KANNADASAN Advocate on payment of necessary charges CRL OP.1691/2022 Date :25/01/2022 CSK 25/01/2022