Arunpandian v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10593 of 2021

1. Arunpandian

2. Ashok Kumar

3. Aravinth

4. Boopathy ... Petitioners Vs.

The State Represent by The Inspector of Police, Thalaivasal Police Station, Salem District.

Crime No.248 of 2021.

... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in connection with the case in Cr.No.248 of 2021 pending investigation on the file of the respondent Police.

For Petitioners : Mr.T.Ganesan For Respondent : Mr.A.Gopinath Government Advocate (Crl side)

ORDER

The petitioners, who were arrested on 29.05.2021 and remanded to judicial custody for the offences under Sections 4(1)(aaa) and 4(1-A) of TN Prohibition Act in Cr.No.248 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners were found in possession of 50 litres of ID Arrack and the same was seized by the respondent Police and registered a complaint.

3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 29.05.2021. Therefore, he prays to grant bail to the petitioners. However, on instructions, the learned counsel further submitted that the petitioners, on their own volition, are ready and willing to contribute a sum of Rs.25,000/- jointly.

4. The learned Government Advocate (Crl.Side) submitted that the petitioners were found in possession of 190 litres of ID Arrack and there is no previous case pending as against the petitioners.

5. Considering the period of incarceration suffered by the petitioners and also the present COVID-19 pandemic situation, this Court is inclined to grant bail to the petitioners subject to the following conditions:

(a)the petitioners shall make a non refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) jointly to the credit of the Dean, Government Medical College and Hospital, Salem, for the treatment of Covid-19 affected persos, without prejudice to their defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioners; (b) the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent of the Central Prison, Salem in which the petitioners are confined and on such execution the petitioners shall be released from prison;

(c) Within a period of four weeks after the release, the petitioners shall execute separate bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Attur;. (d ) In case of any difficulty in executing the said bond along with the sureties before the concerned Magistrate within the time stipulated above, the petitioners are permitted to file appropriate petition within a period of four week therefrom before the concerned Magistrate for extension of time for executing the bond along with sureties and if any such application is filed, the concerned Magistrate shall decide on the grant of extension of time for accepting the bond and sureties in accordance with law. Failing filing of any such application within the time prescribed above, the bail granted by this Court would stand automatically vacated. (e)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(f)the petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders; (g)the petitioners shall not tamper with evidence or witness either during investigation or trial; (h)the petitioners shall not abscond either during investigation or trial;

(i)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]; and;

(j)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 18/06/2021 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 NO.II, ATTUR.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

4 THE INSPECTOR OF POLICE, THALAIVASAL POLICE STATION, SALEM DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE DEAN, GOVERNMENT MEDICAL COLLEGE AND HOSPITAL, SALEM.

CC to M/S. T.GANESAN Advocate on payment of necessary charges CRL OP.10593/2021 Date :18/06/2021 MK:18/06/2021