Viji @ Vijayan v. State Rep By The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2020
CORAM:
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDRA Crl.O.P.No.10393 of 2020 1.Viji @ Vijayan 2.Velu ... Petitioners -VsState Rep.by the Station House Officer, Prohibition Enforcement Wing, Villupuram, Villupuram District.
(Crime No. 384 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of their arrest in Crime No. 384 of 2020 pending on the file of the Respondent Police. For Petitioners : Ms.R.Thulasi For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1) (aaa) 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.384 of 2020, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners were found having illegal possession of 200 litres I.D. Arrack, without any permit or valid licence and it was seized by the respondent police.
3. The learned counsel for the petitioners would submit that the petitioners are innocent and they did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. On instruction, they would further submit that without prejudice to their defence, the petitioners are prepared to deposit considerable amount to any charitable organization. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor submitted that the quantity of possession of I.D.Arrack in this case is 200 litres. Hence he vehemently opposed to grant anticipatory bail to the petitioners.
5. In order to curb the illegal activities, this Court is of the opinion that each petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non refundable deposit to the "Manonmani Trust" Account No. 047501000028847 of Indian Overseas Bank, Tower Branch, AC 56, 5th Avenue, Anna Nagar, Chennai - 600 040 with IFSC Code - IOBA0000475 without prejudice to their rights and contentions before the trial Court.
6.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.
7.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
(a) The petitioners are directed to deposit a sum of Rs.25,000/- as non-refundable deposit through RTGS/NEFT in favour of the "Manonmani Trust" Account No. 047501000028847 of Indian Overseas Bank, Tower Branch, AC 56, 5th Avenue, Anna Nagar, Chennai - 600 040 with IFSC Code - IOBA0000475 within fifteen
(15) days from the date of receipt of a copy of this order. Thereafter, the petitioners are directed to be released on bail in the event of their arrest or their appearance and on production of proof of deposit of the above amount and on further condition that each petitioner shall execute a bond for a sum of Rs.10,000/- (Ten thousand only) with two sureties each for the likesum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stand dismissed automatically and on further condition that the petitioners shall also give an letter of undertaking before the respondent/police that the said amount has been paid in respect of particular crime number.
[b] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[c] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [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.
8. With the above directions, this Criminal Original Petition is ordered.
9. For reporting compliance, post on 06.08.2020. -sd/- 14/07/2020 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 NO.II, VILLUPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE STATION HOUSE OFFICER, PROHIBTION ENFORCEMENT WING, VILLUPURAM, VILLUPURAM DISTRICT 5 THE MANONMANI TRUST, ACCOUNT NO.047501000028847 OF INDIAN OVERSEAS BANK, TOWER BRANCH, AC 56, 5TH AVENUE, ANNA NAGAR, CHENNAI - 600 040 WITH IFSC CODE - IOBA0000475
CC to M/S. R.THULASI Advocate on payment of necessary charges CRL OP.10393/2020 Date :14/07/2020 MK:30/07/2020