Shalu @ Shyamlal v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :04.05.2020
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7388 of 2020 Shalu @ Shyamlal ... Petitioner Vs.
State Rep. By ... Respondent The Inspector of Police, R-7 K.K.Nagar Police Station, K.K.Nagar, Chennai-78.
Cr. No.229 of 2020 Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail pending investigation in Crime No.229 of 2020 on the file of the respondent police. For Petitioner : M/s Vimal B.Crimson For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 16.04.2020 for the offence punishable under Section 328 IPC and under Section 24(1) of Cigarette & other Tobacco Products Act 2003 in Crime No.229 of 2020 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner is alleged to have found in possession of 15 kg of tobacco products.
3. The learned counsel appearing for the petitioner would submit that the petitioner is not involved in the above alleged offence and he is no way connected with the offence as alleged by the prosecution and seeks bail.
4. The learned Additional Public Prosecutor (Crl. Side) would submit that the petitioner is in possession of 15 kg of tobacco products and hence he vehemently opposed for grant of bail to the petitioner.
5. Taking into consideration the nature of allegations against the petitioner in the FIR and also taking note of the fact that the petitioner is in judicial custody from 16.04.2020, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
[a] the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the Chief Minister Public Relief Fund, and on such deposit the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) before the Superintendent of the concerned prison; [b] the petitioner shall report before the respondent police as and when required for interrogation;
[c]the petitioner shall not abscond either during investigation or trial;
[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 absconds, a fresh FIR can be registered under Section 229 A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 04/05/2020 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 METROPOLITAN MAGISTRATE COURT SAIDAPET, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, R-7 K.K.NAGAR POLICE STATION, K.K.NAGAR, CHENNAI-78.
5 THE OFFICER INCHARGE SUB JAIL, SAIDAPET, CHENNAI.
6 THE CHIEF MINISTER PUBLIC RELIEF FUND, TAMILNADU.
CC to M/S VIMAL B.CRIMSON, Advocate on payment of necessary charges CRL OP.7388/2020 Date :04/05/2020 TA-18/06/2020