Dhinesh v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11559 of 2021 Dhinesh ... Petitioner Vs.

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

Crime No.234 of 2021.

... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in connection with the case in Cr.No.234 of 2021 pending investigation on the file of the respondent Police.

For Petitioner : Mr.R.Jayaprakash For Respondent : Mr.A.Gopinath Government Advocate (Crl side)

ORDER

The petitioner, who was arrested on 13.06.2021 and remanded to judicial custody for the offences under Sections 4(1-aa) and 4(1-A) TN Prohibition Act, 2002 in Cr.No.234 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of original choice deluxe whisky-144 nos. each containing 180 ml., Haywards Cheers Whisky-96 nos. each containing 180 ml. and the same was seized by the respondent Police and registered a complaint.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 13.06.2021. Therefore, he prays to grant bail to the petitioner. However, the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.25,000/- for the purpose of improving and maintaining the Government Schools.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner was found in illegal possession of liquor without any license and the investigation is almost completed and there is no previous case pending against the petitioner.

5. Considering the period of incarceration suffered by the petitioner and also the present COVID-19 pandemic situation, this Court is inclined to grant bail to the petitioner subject to the following conditions: (a)the petitioner shall make a non-refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of the Chief Educational Officer, Salem District for the rehabilitation and improvement of the basic needs of the Government Schools in the said District under necessary acknowledgement, without prejudice to his defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/receipt/ acknowledgement, shall accept the sureties furnished by the petitioners; (b) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent, Central Prison, Salem, in which the petitioner is confined and on such execution the petitioner shall be released from prison;

(c) Within a period of four weeks after the release, the petitioner shall execute a 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 No.II, Sankari;

(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 petitioner is 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 petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders;

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

(h)the petitioner 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.

7. In the result, this Criminal Original Petition is ordered and the Chief Educational Officer shall submit the necessary proof with regard to the expenditure incurred for the improvement/rehabilitation of the Schools in the District before the Director of School Education as and when such works are completed by utilising the money as ordered by this Court. -sd/- 07/07/2021 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-II, SANKARI.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, MAGUDAMCHAVADI POLICE STATION, SALEM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

6 THE CHEIF EDUCATIONAL OFFICER, SALEM DISTRICT.

+1 CC to M/S. R.JAYAPRAKASH Advocate on payment of necessary charges SR.NO. 7166 CRL OP.11559/2021 Date :07/07/2021 MN-08/07/2021