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Madras High CourtCRL OP/6574/2021granted

Dhamodharan v. State By

2021-04-01Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.04.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.6574 of 2021 Dhamodharan ... Petitioner Vs.

The State Rep. by The Inspector of Police, Civil Supply CID Police Station, Krishnagiri Dt.

(Crime No.28 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.28 of 2021 pending investigation on the file of the Respondent. 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 07.03.2021 for the offence punishable under Section 6(4) of TNSC (RDCS) Order 1982 r/w 7(i) (a) (ii) of E.C. Act, 1955, in Crime No.28 of 2021, seeks bail.

2. The case of the prosecution is that on the date of occurrence, on a secret information, when the respondent police was on duty of inspecting the vehicle, they found that the petitioner said to have transported 15000 kgs. (50 kgs. x 300 bags) of PDS rice without getting any valid license from Government authority. In the said circumstances, the F.I.R. has been registered against him and vehicle has been seized, and the petitioner was arrested and remanded to judicial custody on 07.03.2021. Now, the present petition has been filed seeking bail.

3. The learned counsel for the petitioner would submit that he is only driver of the lorry and without knowing the fact that the rice were PDS rice, he has transported it. Now, he is in jail for nearly 26 days. He would submit that he has not committed any offence as alleged

by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is driver of the lorry and he has transported 15000 kgs. (50 kgs. x 300 bags) of PDS rice. She would submit that A2, owner of the vehicle is still absconding and there is no bad antecedents against the petitioner. Hence, she opposed to grant bail to the petitioner.

5. Taking into consideration of the fact that the petitioner is only driver of a lorry and also considering the fact that the petitioner is in jail for 26 days, this Court is inclined to grant bail to the petitioner subject to the following conditions :- (a) 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 each for a like sum to the satisfaction of the learned 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, on his release from prison, shall report before the respondent police, daily at 10.30 a.m. until further orders;

(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.

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

-sd/- 01/04/2021 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, CIVIL SUPPLY CID POLICE STATION, KRISHNAGIRI DISTRICT.

5 THE OFFICER INCHARGE, SUB JAIL, HOSUR.

CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.6574/2021 Date :01/04/2021 MN-07/04/2021