Rajesh v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.08.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12001 of 2020 Rajesh ... Petitioner Vs.
State rep. by its The Inspector of Police, CSCID Police Station, Krishnagiri, Krishnagiri District.
(Crime No.56 of 2020 ) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to grant bail to the petitioner pending investigation in Crime No.56 of 2020 on the file of the respondent police.
For Petitioner : Mr.M.Jeyachandran For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) The petitioner who was arrested and remanded to the judicial custody on 18.07.2020 for the alleged offences punishable under section 6(4) of TNSC (RDCS) Order 1982 r/w.7(i)a(ii) of E.C. Act 1955 in Crime No.56 of 2020 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner along with other accused was found in possession of 1000 kgs of PDS Rice viz., (50 kg x 20 bags). Hence the complaint.
3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was suffering incarceration from 18.07.2020 and hence, he seeks for grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) would vehemently oppose to enlarge the petitioner on bail on the ground that the petitioner along with other accused were found in possession of 1000 kgs of PDS Rice viz., 50 kg x 20 bags.
5.At this juncture, learned counsel for the petitioner would submit that without prejudice to his defence, the petitioner is prepared to deposit some considerable amount to any charitable Organization or Association, and that the petitioner has been suffering incarceration from 18.07.2020.
6.Taking into consideration of the facts and circumstances and also considering the submissions made by the learned counsels and the period of incarceration suffered, this Court is inclined to grant bail to the petitioner subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail on condition to make a non refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) to 'The Chief Minister's Public Relief Fund', Indian Overseas Bank, SB.A/c. No.117201000000070, IFSC Code. No.IOBA0001172, on such deposit and production of proof and on condition to execute his 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 her release;
(b) the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the learned Judicial Magistrate-I, Krishnagiri, within a period of two weeks after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, 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 her 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 report before the respondent police every day at 10.30 a.m. until further orders. (f)the petitioner shall not commit any offences of similar nature; (g) the petitioner shall not abscond either during investigation or trial;
(h) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(i) 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];
(j) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 12/08/2020 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, CSCID POLICE STATION, KRISHNAGIRI, KRISHNAGIRI DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, HOSUR 5 THE CHIEF MINISTERS PUBLIC RELIEF FUND, INDIAN OVERSEAS BANK, SECRETARIAT BRANCH, CHENNAI SB.A/C. NO.117201000000070, IFSC CODE. NO.IOBA0001172 CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.12001/2020 Date :12/08/2020 RVR 15/09/2020