Devaram v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Devaram

...Petitioner/A2

Vs.

State represented by The Inspector of Police, Arani Taluk Police Station, Thiruvannamalai District.

(Crime No.168 of 2024). ...Respondent/Complainant PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.168 of 2024 on the file of the respondent police.

For Petitioner : Mr.A.Vijayasankar For Respondent : Mr.V.J.Priyadarsana Govt. Advocate (Crl. Side) 1/5

ORDER

The petitioner / A2, who was arrested and remanded to judicial custody on 20.02.2024 for the offences punishable under Sections 272, 328, 511 r/w Section 24(1) of COTPA Act in Crime No.168 of 2024 on the file of the respondent, seeks bail.

2.The case of the prosecution is that the accused were found in illegal possession of 100 kgs of banned tobacco products. 3.The learned counsel for the petitioner stated that the total contraband seized was only 35 kgs.

4.But it is contended by the learned Government Advocate (Crl. Side) that even in the First Information Report, it had been very specifically stated that the total contraband was 100 kgs. 5.The earlier petition seeking bail was dismissed on 23.03.2024 in Crl.O.P.No.6358 of 2024. It is stated that subsequently A1 had been released on bail and investigation has been progressed to substantial extent.

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6.In view of that particular fact, I am inclined to grant bail to the petitioner subject to the following conditions: 7.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Arni, and on further conditions that: [a] 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 report before the respondent police daily at 10.30 a.m., until further orders. [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 3/5

Kerala [(2005)AIR SCW 5560].

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

05.04.2024 smv To

1. The Judicial Magistrate, Arni.

2. The Central Prison, Vellore.

3.The Inspector of Police, Arani Taluk Police Station, Thiruvannamalai District.

4.The Public Prosecutor, High Court of Madras.

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C.V.KARTHIKEYAN.

J.

smv 05.04.2024 5/5