Madhappan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.03.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.4175 of 2021 Madhappan ... Petitioner Vs.

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

Crime No.19 of 2021.

Prayer: Criminal Original Petition filed under Section 439 of Criminal Procedure Code, praying to grant bail to the petitioner pending investigation in Crime No.19 of 2021 on the file of the respondent police.

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 10.02.2021 for the offences punishable under Sections 6

(4) of TNSC (RDCS) order 1982 r/w. 7(1)(a)(ii) of E.C. Act 1955 in Crime No.19 of 2021 on the file of the respondent police, seeks bail.

2. Totally there are 4 accused and the petitioner is arrayed as A4. The case of the prosecution is that the petitioner along with other accused said to have illegally transported 5000 kgs of PDS rice in a Lorry without any valid permit. Hence the complaint came to be registered.

3. The learned counsel for the petitioner would submit that the petitioner is the driver of the lorry and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case only for statistical purpose. He would further submit that co-accused in this case already been released on bail and hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that petitioner along with other accused were illegally transporting 5000 Kgs of PDS rice without obtaining proper license and hence, she vehemently opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the fact that co-accused in this case was already released on bail and also taking note of the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail on their 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 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 shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non-refundable deposit through RTGS/NEFT in favour of "Deena Bandhy Ashramam, MBT Road, Walajapet, Ranipet District, A/c.19402000000098, IFSC Code No.IOBA0001974, PH: 8939770790;

(c) the petitioner, on his release from prison, shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation. (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.

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

-sd/- 03/03/2021 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 NO.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, HOSUR.

6 DEENA BANDHY ASHRAMAM, MBT ROAD, WALAJAPET,RANIPET DISTRICT, A/C.19402000000098,IFSC CODE NO.IOBA0001974, PH: 8939770790 CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.4175/2021 Date :03/03/2021 MN-04/03/2021