Karthik v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.13558 of 2022 Karthik ..Petitioner/A2 Vs.
State Rep by ..Respondent The Inspector of Police, V-4, Rajamangalam Police Station, Chennai.
Crime No.470 of 2022.
PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.470 of 2022 pending investigation on the file of the respondent police. For Petitioner : M/s.S.Sengkodi For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 28.05.2022 for the offences punishable under Section 328 of IPC and Section 24(1) of Cigarette and Other Tobacco Products Act, 2003 in crime No.470 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on the occurrence day, the petitioner and other accused persons were found in possession of 525 kg of banned tobacco products in a car. Hence, the case was registered against the petitioner and others. 3.The learned counsel appearing for the petitioner would submit that a false case has been foisted against the petitioner. On instructions, he would further submit that the petitioner is ready to deposit an amount of Rs.50,000/- to the Arignar Anna Memorial Cancer Hospital & Research Institute, Kancheepuram, and prays for grant of bail to the petitioner.
4.The learned Additional Public Prosecutor would submit that there are totally six accused, in which the petitioner is arrayed as A2 and they were found in illegal possession of 525 kg of banned tobacco produced worth about Rs.5,60,000/- in a car. He would further submit that the petitioner was in possession of 81 kg of the products.
5. Taking into consideration the facts of the case and the submissions made by the learned counsels and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.50,000/- to the Arignar Anna Memorial Cancer Hospital & Research Institute, Kancheepuram, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner shall deposit a sum of Rs.50,000/-(Rupees Fifty Thousand only), by way of Demand Draft to the Arignar Anna Memorial Cancer Hospital & Research Institute, Kancheepuram, 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 the Metropolitan Magistrate, Egmore, Chennai 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.50,000/-(Rupees Fifty Thousand only), by way of Demand Draft to the Arignar Anna Memorial Cancer Hospital & Research Institute, Kancheepuram, 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 report before the respondent police daily at 10.30 a.m. and 05.30 p.m. until further orders.
[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/- 13/06/2022 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 METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, V-4 RAJAMANGALAM POLICE STATION, CHENNAI.
5 THE SUPERINTENDENT, CENTRAL PRISON-II, PUZHAL, CHENNAI.
6 THE ARIGNAR ANNA MEMORIAL CANCER HOSPITAL & RESEARCH INSTITUTE, KANCHEEPURAM.
+1 CC to M/S.S.SENGKODI Advocate on payment of necessary charges SR.NO. 8947 CRL OP.13558/2022 Date :13/06/2022 TA-13/06/2022