K.Manjunatha v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8989 of 2020

1. K.Manjunatha, (M/35 years) S/o.Kaliyan, W-3/55, South Street, Kattupaiyur Post, Santhapettai, Villupuram - 605 766.

2. Sharana Basappa, (M/40 years) S/o.Amrut, No.7, RCC206-261 SG Mutt Road, Chamarajpet, Banagalore. 560 018. ... Petitioners Vs.

The State Rep. By., The Inspector of Police, Thiruvalam Police Station, Vellore District.

(Crime No.141 of 2020) ... Respondent Prayer : Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.141of 2020 on the file of the respondent police.

For Petitioners : Mr.R.Kannan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 7(5), 20(2) under the Cigarette and other Tobacco Products Act 2003 R/w 328 of IPC, in Crime No.141 of 2020, on the file of the respondent police, seek anticipatory bail.

2. It is the case of the prosecution that the petitioners were found in possession of 1837 kg banned tobacco products worth about of Rs.7,50,000/- Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioners were found in possession of 1837 kg banned tobacco products worth about of Rs.7,50,000/- He further submitted that there is no previous case pending against the petitioners.

5. Considering the submission made by the learned counsel appearing for the petitioners, this Court is of the opinion that each of 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 Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, without prejudice to their rights and contentions before the trial Court. Merely, because the petitioners have deposited the said amount, it would not amount to admission of their 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 petitioners with certain

conditions. Accordingly, each of 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 Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, within a period of fifteen days from the date on which the order copy made ready and on such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No-I, Katpadi, on condition that each of the petitioner shall execute a separate bond for a sum of Rs.

10,000/- (Rupees ten thousand only) with two blood relative sureties 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 petitioners 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] each of the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of the Cancer Institute

(WIA), East Canal Bank Road, Adyar, Chennai, and shall produce the said receipt before the Court below.

[c] the petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

25.06.2020 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order msrm

G.K.ILANTHIRAIYAN, J msrm To

1. The learned Judicial Magistrate No.1, Katpadi.

2. The The Inspector of Police, Thiruvalam Police Station, Vellore District.

3. The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.8989 of 2020 25.06.2020