Babu v. State Rep.By Its
`IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 21.08.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12643 of 2020 Babu S/o.Raja ... Petitioner Vs.
State rep. by its The Inspector of Police P.E.W. Mayiladuthurai Police Station Nagapattinam District (Crime No.542 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail relating to Crime No.542 of 2020 on the file of the Inspector of Police, P.E.W. Mayiladuthurai Police Station, Nagapattinam District. .
For Petitioner : Mr.S.Sarath Chandran 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 judicial custody on 25.06.2020 for the offences punishable under Section 4(1) (aaa) r/w. 4(1-A) of TNP Act and Section 4 & 5 of TNRS Rules, 2000, in Crime No.542 of 2020, seeks bail.
2. The case of the prosecution is that the petitioner was illegally found in possession of 385 litres of rectified spirit without any licence. The same was seized by the respondent police. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent. He would further submit on instructions that taking into consideration of the Covid pandemic situation, the petitioner without prejudice to his defence, is prepared to make considerable donation to any charitable Organization or Association, and that the petitioner has been suffering incarceration from 25.06.2020. Hence, he prays to grant bail to the petitioner.
4.The learned Government Advocate (Crl. Side) would submit that the petitioner was illegally found in possession of 385 litres of rectified spirit. He would further submit that this is the 2nd bail
application and the petitioner is having two previous cases. Therefore, he vehemently opposed for the grant of bail to the petitioner.
5.Taking into consideration the voluntary submission made by the petitioner offering to donate/pay considerable amount to any charitable organization or association this Court is of the opinion that the petitioner shall be directed to (a) make a payment/donation of a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Seva Chakkara Samajam, No.89/41, Sami Pillai Street, Choolai, Chennai600112, Canara Bank, Vepery Branch, A/c.No.0943101024681, IFS Code: CNRB0000943. and on such payment and production of proof he shall be released on bail on condition to execute a 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 his release;
(b) the petitioner shall report before the respondent police every day at 10.30 a.m. for a period of two weeks and thereafter on every Monday at 10.30 a.m. until further orders. (c) thereafter on his release from the prison, within a period of two weeks after lifting of lockdown or commencement of the Court's normal functioning whichever is earlier, shall surrender before the learned Judicial Magistrate No.I, Mayiladuthurai and furnish two sureties for a sum of Rs.10,000/- each failing which the bail granted by this Court shall stand dismissed automatically. (d) Merely, because the petitioner deposits 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. (e) 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; (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/- 21/08/2020 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, MAYILADUTHURAI 2 THE SUPERINTENDENT, CENTRAL PRISON,TRICHY 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, P.E.W.MAYILADUTHURAI POLICE STATION, NAGAPATTINAM DISTRICT.
5 THE SEVA CHAKKARA SAMAJAM NO.89/41,SAMI PILLAI STREET, CHOOLAI,CHENNAI-600 112.
CC to S.P.HARIKRISHNAN Advocate on payment of necessary charges CRL OP.12643/2020 Date :21/08/2020