Naveenkumar v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6988 of 2022 Naveen Kumar .. Petitioner Vs.

The State rep. by The Inspector of Police, Uthangarai Police Station, Krishnagiri District.

(Crime No.132 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.132 of 2022 on the file of the respondent police.

For Petitioner : Mr.V.Vijayakumar For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner/A2, who was arrested on 15.03.2022 for the offences punishable under Sections 328 IPC read with Sections 7(1)(2) and 20(1) of Cigarette and Other Tobacco Products Act-2003 in Crime No.132 of 2022, on the file of the respondent police, seeks bail.

2. The petitioner herein is the Driver of the transport bus, which was intercepted by the respondent police on information and found carrying 72kgs of banned tobacco products. The investigation has revealed that the same was illegally transported by the Driver, Conductor and the Cleaner of the bus, who had taken the transport bus on lease from its owner. From the investigation, it has been disclosed that this petitioner along with the others viz., Conductor and Cleaner, in order to augment their income, had agreed to transport the tobacco product illegally from Bangalore to Villupuram entrusted by an unknown person.

3.Learned counsel for the petitioner would state that the goods were entrusted to them along with the invoice drawn in the name of 'Roopkala Garments'. The petitioner has accepted the goods along with invoice and the petitioner had no conscious possession of the illegal tobacco product packed in the four boxes.

4.Considering the above fact and the submissions made, this court is of the view that the petitioner may be granted bail subject to certain conditions. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions; (a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Uthangarai. (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 is directed to report before the Investigating Officer as and when required.

(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 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]; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 30/03/2022 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, UTHANGARAI, KRISHNAGIRI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, UTHANGARAI POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, UTHANGARAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. V.VIJAYAKUMAR Advocate on payment of necessary charges SR.No.4767 CRL OP.6988/2022 Date :30/03/2022 CSK 31/03/2022