Paul Selvaraj v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8491 of 2022 Paul Selvaraj .. Petitioner Vs.
State rep. by The Inspector of Police, Civil Supplies CID, Tiruppur, Tiruppur District.
(Crime No.21 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail, pending investigation in Crime No.21 of 2022, on the file of the Inspector of Police, Civil Supplies CID, Tiruppur, Tiruppur District. For Petitioner : Mr.C.Prakasam For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioner who was arrested on 03.02.2022 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.21 of 2022, on the file of the respondent police, seeks bail.
2.The petitioner herein was arrested on 03.02.2022 for the alleged illegal possession of 5000 kgs of PDS rice.
3. The learned Additional Public Prosecutor submits that the petitioner is the owner of the contraband and the vehicle in which the PDS rice was illegally transported.
4. Taking note of the fact that the petitioner was arrested on 03.02.2022 and the final report was not yet filed and nearly 70 days was lapsed from the date of arrest, this Court is inclined to grant bail to the petitioner. 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 No.II, Tiruppur, Tiruppur District.
(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 for an interrogation. (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/- 12/04/2022 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, NO.II, TIRUPPUR, TIRUPPUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR DISTRICT.[FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL JAIL, COIMBATORE, COIMBATORE DISTRICT.
4 THE INSPETOR OF POLICE, CIVIL SUPPLIES CID, TIRUPPUR, TIRUPPUR DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.C.PRAKASAM Advocate on payment of necessary charges SR.NO. 5580 CRL OP.8491/2022 Date :12/04/2022 RW 12/04/2022