S.Marimuthu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Second day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.5598 of 2021 S.MARIMUTHU [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, S-14,PEERKANKARANAI POLICE STATION, CHENGALPATTU DISTRICT.

CRIME NO.34 OF 2021 For Petitioner : M/S.P.SHIVARAJ MOHAN Advocate For Respondent : M/S.S.KARTHIKEYAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The 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 Sections 328, 353, 506(i) of IPC R/W 24 (1) COTP Act 2003, in Crime No.34 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, while the respondent police was on patrol duty, the petitioner was found in illegal possession of 1040 kg of Tobacco products. Hence, the complaint was registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that based on the confession of co-accused, he was implicated in this case. On instruction, he would submit that the petitioner is prepared to deposit considerable amount to any charitable organization or association without prejudice to his contention and prayed for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is a main supplier. He would further submit that co-accused had already been arrested and thereafter they were released on bail. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.

5. It is seen that the co-accused had already been arrested and thereafter they were released on bail and in order to curb the illegal activities with which the petitioner indulged, this Court is of the opinion that the petitioner shall be directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) as non refundable deposit to "Vallalar Manavar Illam, Mathur, Pudukkottai, Indian Bank, Ac.No.478041668, IFSC Code: IDIB000P050 (Cell No:90922-17572)" without prejudice to his rights and contentions before the trial Court.

6. Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

7. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

(a) Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/-(Rupees Ten Thousand only) as non-refundable deposit either through RTGS/NEFT or in cash in favour of "Vallalar Manavar Illam, Mathur, Pudukkottai, Indian Bank, Ac.No.478041668, IFSC Code: IDIB000P050 (Cell No:90922-17572)"

and on such payment and production of proof of deposit of the above amount, he shall be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.I, Tambaram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for the like sum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stand dismissed automatically and on further condition that: [b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police 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., for a period of two weeks and thereafter, as and when required for the interrogation.

[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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 22/03/2021 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, TAMBARAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, S-14, PEERKANKARANAI POLICE STATION, CHENGALPATTU DISTRICT.

5 VALLALAR MANAVAR ILLAM, MATHUR, PUDUKKOTTAI, INDIAN BANK, AC.NO.478041668, IFSC CODE: IDIB000P050 (CELL NO:90922-17572) +1 CC to M/S.P.SHIVARAJ MOHAN Advocate on payment of necessary charges SR.No.3886 CRL OP.5598/2021 Date :22/03/2021 cs 31/03/2021