Velusamy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Seventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice D. BHARATHA CHAKRAVARTHY CRIMINAL ORIGINAL PETITION No.12560 of 2022 1 VELUSAMY [ PETITIONERS / ACCUSED ] 2 RAMARAJ Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, KANCHI TALUK POLICE STATION, KANCHIPURAM DISTRICT.

CRIME NO. 262 OF 2022.

For Petitioner : M/S.R.SASIKUMAR Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 22.03.2022 for the alleged offence under Sections 328 of I.P.C read with Sections 7 and 9(2) Cigarette and Other Tobacco Products Acts, 2003 in Crime No.262 of 2022 on the file of the respondent police, seek bail.

2. The allegations are that the first petitioner, who is the owner of the vehicle and the second petitioner, who is a supplier, have transported the prohibited tobacco and related goods totally worth about Rs.4,38,453/-.

3. Considering the above allegations and the fact that A3 has already been granted bail and the fact that the petitioners are in judicial custody from 22.03.2022, I am inclined to enlarge the petitioner on bail.

4. Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs. 10,000 /- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kanchipuram and also each of petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to the credit of the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, on the following further conditions.

[a] 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. [b] the petitioners shall report before the respondent police daily at 10.30 am until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] 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.

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 27/05/2022 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, KANCHIPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION]

3 THE OFFICER INCHARGE, SUB JAIL, KANCHIPURAM.

4 THE INSPECTOR OF POLICE, KANCHI TALUK POLICE STATION, KANCHIPURAM DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE CANCER INSTITUTE(WIA), EAST CANAL BANK ROAD, ADYAR, CHENNAI.

+1 CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges SR.NO. 8103 CRL OP.12560/2022 Date :27/05/2022 RW-27/05/2022