Senthilkumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.No.12681 of 2021
1. Senthil Kumar
...Petitioners
2. Meenatchisundaram
Versus
State Rep. By
...Respondent
The Inspector of Police, PE Wing-Mayiladuthurai Mayiladuthurai.
(Cr.No.762 of 2018) PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on anticipatory bail in the event of arrest by the respondent Police in Crime No.762 of 2018 on the file of the respondent Police. For Petitioners : Mr.M.Govindaraju For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 4(1)(aaa), 4(1-A) of TNP Act in Cr.No.762 of 2018, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners along with other accused were found in possession of 110 ltrs. of ID Arrack and the same was seized by the respondent police. 3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. However, on instructions, the learned counsel would submit that the petitioners, on their own volition, are ready and willing to contribute a sum of Rs.30,000/- jointly for the improvement and maintenance of the Government Schools.
4.The learned Government Advocate (Crl.Side) submitted that there is no previous case pending against the petitioners. 5.Considering the nature of the case, I am inclined to grant bail to the petitioners.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Mayiladuthurai, on condition that the petitioners shall execute separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b)the petitioners shall make a non refundable deposit of Rs.
30,000/- (Rupees Thirty thousand only) jointly to the credit of the Chief Educational Officer, Mayiladuthurai District for the rehabilitation and improvement of the basic needs of the Government Schools in the said District under necessary acknowledgement, without prejudice to their defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioners; (c)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (d)the petitioners shall report before the respondent police daily at 10.30 a.m.
(e)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(f)the petitioners shall not abscond either during investigation or trial;
(g)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;
(h)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/- 23/07/2021 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 LEARNED JUDICIAL MAGISTRATE-II, MAYILADUTHURAI.
2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PE WING - MAYILADUTHURAI, MAYILADUTHURAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE CHIEF EDUCATIONAL OFFICER, MAYILADUTHURAI DISTRICT.
+1 CC to M/S M.GOVINDARAJU Advocate on payment of necessary charges SR.No.7654 CRL OP.12681/2021 Date :23/07/2021 CSK 29/07/2021