Sampath v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 10654 of 2020

1. Sampath

2. Thirumalai ... Petitioners -VsState Rep. By the Station House Officer, P.E. Wing Gingee Police Station, Villupuram District.

(Crime No.405 of 2020)

...Respondent

Prayer: Criminal Original Petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioners on bail in the event of their arrest in Crime No.405 of 2020 pending on the file of the Respondent Police.

For Petitioners : Mr.R. Sasikumar 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)(A), 4(1)(aaa) of TNP Act and r/w 5, 6, 7 and 11 of R.S.Rules 2000, in Crime No.405 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that when the respondent police was on their routine patrol duty, they found the petitioner along with some others were illegally in possession of 1050 litres of rectified spirit and the same 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, he 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 Government Advocate (Crl. Side) would submit that the petitioners along with some others were found in possession of 1050 litres of rectified spirit. There are no previous cases against the petitioners. 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.40,000/- (Rupees Forty Thousand only) as non refundable deposit to 'The Chief Minister's Public Relief Fund', Indian Overseas Bank, SB.A/c. No.117201000000070, IFSC Code. No.IOBA0001172 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 his 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) Each petitioner is directed to deposit a sum of Rs.40,000/- as non-refundable deposit through RTGS/NEFT in favour of the 'The Chief Minister's Public Relief Fund', Indian Overseas Bank, SB.A/c. No.117201000000070, IFSC Code. No.IOBA0001172 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 the each petitioner shall execute a separate 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 petitioner shall report before the respondent police on every Monday and Friday 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 07.08.2020. -sd/- 16/07/2020 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, GINGEE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE STATION HOUSE OFFICER, P.E.WING GINGEE POLICE STATION, VILLUPURAM DISTRICT.

THE CHIEF MINISTER'S PUBLIC RELIEF FUND', INDIAN OVERSEAS BANK, SB.A/C. NO.117201000000070, IFSC CODE. NO.IOBA0001172 CC to M/S. V.R.APPASWAMEE Advocate on payment of necessary charges CRL OP.10654/2020 Date :16/07/2020 cs 22/07/2020