Shabeen Khan v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 12209 of 2020 Shabeer Khan ... Petitioner/Sole Accused Vs.
The State represented by, ... Respondent/Complainant The Inspector of Police, CSCID Police Station, Krishnagiri, Krishnagiri District.
(Crime No. 55 of 2020) Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to grant bail to the petitioner pending investigation in crime No. 55 of 2020 on the file of the respondent police. For Petitioner : Mr.M.Jayachandran For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
ORDER
(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 13.07.2020 for the offences punishable under Sections 6
(4) of TNSC (RDCS) order 1982 read with 7(i)a(ii) of E.C.Act, 1955, in Crime No.55 of 2020 on the file of the respondent police, seeks bail.
The case of the prosecution is that the petitioner had illegally transported 600 kgs of PDS rice by using Maruthi Omini Van, without any permit or valid licence. Hence, the complaint. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. On instruction, he would further submit that taking into consideration the Covid pandemic situation the
petitioner without prejudice to his defence, is prepared to make considerable donation to any charitable Organization or Association, and that the petitioner has been suffering incarceration from 13.07.2020. He would further submit that the petitioner is only the driver of the vehicle. Hence, he prays to grant bail to the petitioner.
The learned Government Advocate (Crl. Side) would submit that the petitioner had illegally transported 600 kgs of PDS rice by using Maruthi Omini Van without any valid licence or permit. He would further submit that the petitioner has no previous cases pending against him. Hence he vehemently opposed to grant bail to the petitioner.
In order to curb the illegal activities and taking into consideration the voluntary submission made by the petitioner offering to donate/pay considerable amount to any charitable organization or association this Court is of the opinion that the petitioner shall be directed to make a payment/donation of a sum of Rs.6,000/- (Rupees Six Thousand only) to the Commissioner, Krishnagiri Municipality, for the purpose of "Amma Unavagam" and on such payment and production of proof he shall be released on bail on executing a 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 and thereafter on his release; (a) the petitioner shall report before the respondent police every day at 10.30 a.m.
for a period of two weeks and thereafter on every Monday at 10.30 a.m. until further orders. (b) thereafter on his release within a period of two weeks after lifting of lockdown or commencement of the Court's normal functioning whichever is earlier, shall surrender before the Judicial Magistrate No.I, Krishnagiri. and furnish two sureties for a sum of Rs.10,000/- each failing which the bail granted by this Court shall stand dismissed automatically.
(c) Merely, because the petitioner deposits 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. (d) 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;
(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.
With the above directions, this Criminal Original Petition is ordered.
-sd/- 14/08/2020 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 NO.I, KRISHNAGIRI.
2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
THE INSPECTOR OF POLICE, CSCID POLICE STATION, KRISHNAGIRI, KRISHNAGIRI DISTRICT.
5 THE OFFICER INCHARGE SUB JAIL, HOSUR.
6 THE COMMISSIONER, KRISHNAGIRI MUNICIPALITY, FOR THE PURPOSE OF "AMMA UNAVAGAM"
CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.12209/2020 Date :14/08/2020 TA-08/09/2020