Ramesh v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.05.2021
CORAM
THE HONOURABLE MRS. JUSTICE S.KANNAMMAL Crl.O.P.No.9082 of 2021 Ramesh .. Petitioner Vs.
The State rep. by .. Respondent The Inspector of Police Royakottai Police Station, Krishnagiri District.
Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.50 of 2021 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 apprehends arrest at the hands of the respondent police for the alleged offences under Sections 273, 328 of IPC r/w 7 and 20(1) of COPTA Act 2003, in Crime No.50 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner (A5) along with other accused had illegally transported 2010 kgs of banned Tobacco products without any valid license. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the similarly placed coaccused/A1 &A2 have been enlarged on bail by this Court in Crl.O.P No.5627 of 2021 dated 22.03.2021. The learned counsel, on instructions, further submitted that the petitioner is ready to deposit a sum of Rs.1,00,000/- to the Medical Officer/Dean, Government Hospital, Krishnagiri, to enable the Dean to use the aforesaid amount for the purpose of treating the COVID-19 patients.
4.Heard the submissions made by the learned Government Advocate (Crl. Side).
5.Considering the fact that the petitioner is ready to deposit a sum of Rs.1,00,000/- to the Medical Officer/Dean, Government Hospital, Krishnagiri, for the purpose of treating the COVID-19 patients, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Denkanikottai, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a) the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One lakh Only) through demand draft drawn in favour of the Medical Officer/Dean, Government Hospital, Krishnagiri, to enable the Dean to use the aforesaid amount for the purpose of treating the COVID-19 patients, within a period of two weeks. The challan/receipt of such payment shall be produced at the time of executing the bond. (b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation.
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioner 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 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]; and;
(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 13/05/2021 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, DENKANIKOTTAI.
2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ROYAPETTAI POLICE STATION, KRISHAGIRI DISTRICT.
5 THE MEDICAL OFFICER/DEAN, GOVERNMENT HOSPITAL, KRISHNAGIRI.
+1 CC to M/S. M.JAYACHANDRAN Advocate on payment of necessary charges SR.NO.6213 CRL OP.9082/2021 Date :13/05/2021 TA-22/06/2021