Vanspaul Ronald v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11956 of 2021 Vanspaul Ronald ... Petitioner Vs.
State represented by ... Respondent The Sub-Inspector of Police, Avinashi Police Station, Tiruppur District.
Crime No.724 of 2021.
Prayer:
Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail pending investigation in Crime No.724 of 2021 on the file of the respondent Police station. For Petitioner : Mr.H.Rajasekar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
The petitioner who was remanded to judicial custody on 24.06.2021 for the offence under Sections 273, 328, 511 IPC, 6(a) r/w 24(1) of Cigarette and Other Tobacco Products Act, 2003 in Cr.No.724 of 2021 on the file of the respondent police, seeks bail. 2.It is the case of the prosecution that the petitioner is alleged to have been found in possession of 40 Kgs. of tobacco products.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in the case. The learned counsel, on instructions, further submitted that the petitioner is ready to deposit a sum of Rs.50,000/- to the Adyar Cancer Institute, Chennai.
4.The learned Government Advocate (Crl. Side) submitted that there is no previous case as against the petitioner.
5.Considering the fact that there is no previous case as against the petitioner, I am inclined to grant bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail on the following conditions:
(a) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) before the Superintendent of Central Prison, Tiruppur, in which the petitioner is confined and on such execution the petitioner shall be released from prison; (b) within a period of four weeks after the release, the petitioner shall execute a bond for a sum of Rs.
10,000/- (Rupees Ten Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Avinashi; (c) 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 weeks 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; (d)the petitioner shall deposit a sum of Rs.
50,000/- (Rupees Fifty Thousand Only) through demand draft drawn in favour of the Director, Adyar Cancer Institute (WIA), W Canal Bank Road, Gandhi Nagar, Adyar, Chennai - 600 020. The challan/ receipt of such payment shall be produced at the time of executing the bond. (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.
(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 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]; and;
(j)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 12/07/2021 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, AVINASHI.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE SUB-INSPECTOR OF POLICE, AVINASHI POLICE STATION, TIRUPPUR DISTRICT.
5 THE SUPERINTENDENT, CENTRAL PRISON, TIRUPPUR.
6 THE DIRECTOR, ADYAR CANCER INSTITUTE (WIA), W CANAL BANK ROAD, GANDHI NAGAR, ADYAR, CHENNAI - 600 020.
+1 CC to M/S.H.RAJASEKAR Advocate on payment of necessary charges SR.NO.7279 CRL OP.11956/2021 Date :12/07/2021 TA-13/07/2021