Vijayakumar v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 12912 of 2020 Vijayakumar, S/o.Anandhan, aged about 40 years, No.153, Ashoka Nagar, Arumbakkam, Chennai - 106 ... Petitioner/Accused (A1) Vs.

The State represented by, The Inspector of Police, Arumbakkam Police Station, Chennai.

(Crime No. 927 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail pending investigation in Crime No.927 of 2020, on the file of the respondent police. For Petitioner : Mr.R.Sasikumar 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 06.08.2020 for the offences punishable under Sections 6(a) of Tamil Nadu Prohibits sale of Tobacco Product Act r/w Section 328 of IPC, in Crime No. 927 of 2020, on the file of the respondent police, seeks bail.

2 The case of the prosecution is that the petitioner was running a provision shop and he was found in illegal possession of banned Tobacco products viz.,1200 grams of Mava, 4 boxes of Hans, 100 cool leaf, from his shop without any permit or valid licence. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely

implicated in this case. On instruction, he would further submit that taking into consideration 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 06.08.2020. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) would submit that the petitioner was found in illegal possession banned Tobacco products, which worth about Rs.80,000/-. He would further submit that the petitioner has no previous cases pending against him. Hence, he vehemently opposes to grant bail to the petitioner. In order to curb the illegal activities and 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 make a payment/donation of a sum of Rs.30,000/- (Rupees Thirty Thousand only) to "Tamil Nadu Social Welfare Association", Canara Bank, Arumbakkam Branch, S.B.A/c.No.

1040101021223 and on such payment and production of proof he shall be released on bail on him executing 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; (a) 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. (b) thereafter on his release 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 XXI Metropolitan Magistrate, Chennai and furnish two sureties for a sum of Rs.10,000/- each 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 his 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 not commit any offences of similar nature;

(f) the petitioner shall not abscond either during investigation or trial;

(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(h) 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]; (i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

With the above directions, this Criminal Original Petition is ordered.

-sd/- 25/08/2020 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 METROPOLITAN MAGISTRATE, NO.XXI, CHENNAI 2 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL, 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ARUMBAKKAM POLICE STATION, CHENNAI.

5 THE TAMILA NADAU SOCIAL WELFAR EASSOCIATAION, CANARABANK, ARUMBAKKAM BRANCHM CC to M/S R.SASIKUMAR Advocate on payment of necessary charges CRL OP.12912/2020 Date :25/08/2020 RD 07/09/2020