Vinoth v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.2038 of 2022 Vinoth ... Petitioner Vs.
State represented by Inspector of Police, Melchangam Police Station, Tiruvannamalai District.
Crime No.504 of 2021 ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in Cr.No.504 of 2021 on the file of the respondent police.
For Petitioner : Mr.M.Mariappan For Respondent : Mr.N.S.Suganthan, Government Advocate (Crl. Side)
ORDER
(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under section 273, 328 of IPC r/w 7(5) & 20(2) of Cigarette And Other Tobacco Products Act 2003, in Crime No.504 of 2021, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 17.12.2021 at about 12 p.m., when the the respondent police was on regular patrol, they found that the petitioner was found in illegal possession of 816 HANS POCKET, 144 COOL LIPS POCKET AND 120 VIMAL PAN MASALA POCKET worth about Rs.11,760/-. Hence, the complaint.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.10,000/- to any Charitable Purpose as may be directed by this Court and he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submits that there is no previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the submissions made by the both counsel and also the fact that the petitioner has willfully and on her own volition agreed to contribute a sum of Rs.10,000/- for charitable purpose, this Court is inclined to grant anticipatory bail to the petitioner. 6.
Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the Learned Judicial Magistrate, Chengam on condition that the petitioner shall execute a bond for a sum of Rs.
[a]the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten thousand only) to the Registered Advocate Clerks Association at Tiruvannamalai District within a period of fifteen
(15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier and shall produce the said receipt before the Court below;
[b] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[c] the petitioner shall report before the respondent police daily at 10.30.a.m., until further orders.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioner shall not abscond either during investigation or trial;
[f] 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 has been imposed and the petitioner is 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;
[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
-sd/- 01/02/2022 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, CHENGAM, TIRUVANNAMALAI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI DISTRICT.[FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MELCHENGAM POLICE STATION, TIRUVANNAMALAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE REGISTERED ADVOCATE CLERKS ASSOCIATION, TIRUVANNAMALAI DISTRICT.
+1 CC to M/S.M.MARIAPPAN Advocate on payment of necessary charges SR.NO.1603 CRL OP.2038/2022 Date :01/02/2022 RW 08/02/2022