Poovarasan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.13578 of 2022 Poovarasan ..Petitioner/A3 Vs.

The State Rep by Inspector of Police, Krishnagiri Town Police Station, Krishnagiri crime No.140 of 2022 ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.140 of 2022 pending investigation on the file of the respondent police. For Petitioner : Mr.S.Sathyaraj For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.05.2022 for the offences punishable under Sections 273, 328 of IPC and Sections 7, 20(1) of Cigarette and Other Tobacco Products Act, 2003 in crime No.140 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on the occurrence day, A1 and A2 illegally transported banned tobacco products weighing 505 kg from Bangalore to Thirupathur. Hence, the case was registered against the petitioner and other accused persons.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that the petitioner is arrayed A3, who is the owner of the vehicle which was involved in this case. He would further submit that the petitioner has four previous cases. Hence, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration the facts of the case, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner shall deposit a sum of Rs.75,000/-(Rupees Seventy Five Thousand only), as non refundable deposit to the credit of the PUDUCHERRY ADVOCATE WELFARE FUND, A/c. No.7199772117; IFSC No.IDIB000B173 and on such deposit, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related sureties, each for a like sum to the satisfaction of Judicial Magistrate Court No.I at Krishnagiri and on further conditions that :- [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 petitioner shall deposit a sum of Rs.75,000/-(Rupees Seventy Five Thousand only), as non refundable deposit to the credit of the PUDUCHERRY ADVOCATE WELFARE FUND, A/c. No.7199772117; IFSC No.IDIB000B173 and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond; [c] the petitioner shall stay at Chennai and report before the Inspector of Police, Harbour Police Station, Chennai daily at 10.30 a.m. and 05.30 p.m. for a period of two weeks and thereafter report before the respondent police daily at 10.30 a.m. and 05.30 p.m. for a period of two weeks and thereafter report before the respondent police as and when required for interrogation. [d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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].

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

-sd/- 14/06/2022 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.I, KRISHNAGIRI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KRISHNAGIRI TOWN POLICE STATION, KRISHNAGIRI.

4 THE OFFICER INCHARGE SUB JAIL, KRISHNAGIRI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE PUDUCHERRY ADVOCATE WELFARE FUND, PUDUCHERRY,A/C.7199772117, IFSC NO.IDIB000B173.

7 THE INSPECTOR OF POLICE HARBOUR POLICE STATION, CHENNAI.

+1CC to M/S.S.SATHYARAJ Advocate on payment of necessary charges SR.No.9027 CRL OP.13578/2022 Date :14/06/2022 CSK 15/06/2022