Rajesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Rajesh ... Petitioner Vs.

The State represented by, The Inspector of Police, Mutthupettai Police Station, Thiruvarur District.

(Crime No.48 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.48 of 2023, pending investigation on the file of the respondent Police.

For Petitioner : Mr.J.Jawahar For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/7

O R D E R

The petitioner, who was remanded to judicial custody on 08.02.2023 for the offences punishable under Sections 4(1)(aaa) r/w 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.48 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the respondent and his team were on their routine patrol duty, they found that first accused was illegally transporting 110 litres of Pondy arrack in his two wheeler. The respondent police has arrested A1 and recorded the confession statement from him, in which he confessed that he has purchased the arrack from the second accused, petitioner herein. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted the the petitioner has been arrested only based on the confession recorded from the first accused and also stated that the coaccused has been granted anticipatory bail. He further submitted that the 2/7

petitioner is in custody from 08.02.2023, hence, he prayed to grant bail to the petitioner.

4. Learned Additional Public Prosecutor appearing for the respondent police submitted that the first accused was illegally transported 110 litres of Pondy arrack, which was purchased from the present petitioner. He further submitted that 4 previous cases are pending as against the petitioner. Therefore, he opposed to grant bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.25,000/- to any welfare scheme run by the Government. He further stated that the petitioner is ready to abide by any other stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

6. Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor and perused the materials available on record. 3/7

7. On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty five Thousand only) to the credit of "The Director, Jawaharlal Institute of Postgraduate Medical Education and Research (also known as JIPMER) Pondicherry", without prejudice to his rights and contentions before the trial Court.

8. 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.

9. Taking into consideration the facts and circumstances of the case, the submissions made by either side of the parties and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.25,000/- to the credit of "The Director, Jawaharlal Institute of Postgraduate Medical Education and Research (also known as JIPMER) Pondicherry", this Court is inclined to grant bail to the petitioner with certain conditions.

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10. Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of "The Director, Jawaharlal Institute of Postgraduate Medical Education and Research (also known as JIPMER) Pondicherry", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Nagapatinam, and on further conditions that:

[a] 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;

[b] the petitioner shall appear before the Judicial Magistrate No.II, Nagapatinam, on all working days at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] 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]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

09.03.2023 ham To

1. The Judicial Magistrate No.II, Nagapatinam.

2. The Inspector of Police, Mutthupettai Police Station, Thiruvarur District.

3. The Sub Jail, Thiruthuraipoondi.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

ham 09.03.2023 7/7