Narasimmappa v. The State Rep By Its,
1IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.05.2020
CORAM
THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Crl. O.P. No. 7847 of 2020 Narasimmappa (M/46), S/o. Muniyappa ... Petitioner Vs.
The State Rep by The Inspector of Police, Shoolagiri Police station, Krishnagiri District.
Crime No.514 of 2020.
... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C., to enlarge the petitioner on bail concerned in Crime No.514 of 2020 pending on the file of the respondent.
For Petitioner : Mr. S. C. Vishwanth For Respondent: Mr. S. Karthikeyan, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 25.04.2020 for the alleged offences punishable under Section 25 (1B) (a) of the Arms Act and Section 4 (1) (a), 4 (1) (b), 4 (1-A) of the Tamil Nadu 1/6
Prohibition Act, in Crime No.514 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 been found in possession of 5 liters of arrack illegally.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The petitioner has no bad antecedents and also submitted that the petitioner has been suffering incarceration from 25.04.2020 and hence, he seeks bail for the petitioner.
4. The learned Additional Public Prosecutor would submit that the petitioner was found in possession of 5 litres of arrack which was illegally brewed. He admitted that there is no previous case against the petitioner. However, he opposed for the grant of bail to the petitioner. 2/6
5. Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the period of incarceration by the petitioner, 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 Cancer Institute (WIA), (Regional Cancer Centre), Adyar, Chennai-600 020, Andhra Bank, Madhya Kailash Branch (SB A/C No.149710011005477) 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, in which the petitioner has been confined on their release; (b) thereafter, the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the concerned Magistrate on or before 01.07.2020, failing which the bail granted by this Court shall stand dismissed automatically;
(c) 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; (d) the petitioner shall report before the respondent police as and when 3/6
required for interrogation.
(e) the petitioner shall not commit any offences of similar nature; (f) the petitioner shall not abscond either during investigation or trial; (g) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(h) 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];
(i) 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. 27.05.2020 SSI 4/6
To
1. The Learned Judicial Magistrate No.I Hosur.
2. The Inspector of Police, Shoolagiri Police station, Krishnagiri District.
3. The Public Prosecutor, High Court, Madras.
4. The Superintendent, Central Prison, Salem.
5/6
M.NIRMAL KUMAR, J.
SSI Crl.O.P.No.7847 of 2020 27.05.2020 6/6