Armstrong v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8870 of 2020 Armstrong ... Petitioner Vs.

The State rep. By

...Respondent

The Inspector of Police, CSCID Police Station, Vellore District.

(Crime No.301 of 2019) PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of arrest in Crime No.301 of 2019 on the file of the respondent Police.

For Petitioner : Mr.M.Sathish Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 6(4) of TNSC (RDCS) order 1982 r/w 7(i) a (ii) of EC Act 1955 in Crime No.301 of 2019 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 23.12.2019, the respondent, on search, found 1,100 kgs of PDS rice hidden in the backyard of the house of the petitioner and the same was seized. Hence, the case is registered against the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner is no way connected with this crime and he is working as daily wager and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was found in possession of 1,100 kgs of PDS rice illegally. He further submit that there is no previous case pending against the petitioner. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the submission made by the learned counsel appearing for the petitioner, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) as non refundable deposit to the credit of the Chief Minister's Public Relief Fund, Tamil Nadu without prejudice to his rights and contentions before the trial Court. Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

6. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) as non refundable deposit to the credit of the Chief Minister's Public Relief Fund, Tamil Nadu within a period of fifteen days from the date on which the order copy made ready and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate - IV, Vellore, Vellore District, on condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten thousand only) with two sureties (one shall be a blood related surety) each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) to the credit of the Chief Minister's Public Relief Fund, Tamil Nadu and shall produce the said receipt before the Court below.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 02/07/2020 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 JUDICIAL MAGISTRATE - IV, VELLORE.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CSCID POLICE STATION, VELLORE DISTRICT.

5 THE SECRETARY TO GOVERNMENT, THE CHIEF MINISTER PUBLIC RELIEF FUND, FORT ST. GEORGE, CHENNAI 600 009.

CC to M/S.M.SATHISH KUMAR Advocate on payment of necessary charges CRL OP.8870/2020 Date :02/07/2020 TA-28/07/2020