Ranjitha v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.13911 of 2022 1.Ranjitha 2.Sumathi .. Petitioners Vs.

State rep. by The Inspector of Police, Villupuram West Police Station, Villupuram Crime No.88 of 2022 .. Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in crime No.88 of 2022 pending investigation on the file of the respondent police. For Petitioners : Mr.G.Saravanabhavan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioners, who were arrested and remanded to judicial custody on 27.04.2022 for the offences punishable under Sections 4(1) (A), 4(1)(a) of TNP Act in crime No.88 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution is that when the respondent police were on patrol duty, at that time, the accused persons were holding bags in suspicious manner and on enquiry, they were found in possession of 150 bottles of brandy (each 180 ml) and 6 litres of ID arrack. Hence the case.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. On instructions, he would further submit that

the petitioners are ready to deposit an amount of Rs.1,00,000/- (each) to the Stanley Medical College and prays for grant of bail to the petitioners.

4.The learned Additional Public Prosecutor would submit that there are totally four accused, in which the petitioners are arrayed as A1 and A3, wherein A1 has 12 previous cases and A3 has 8 previous cases. Hence, he vehemently opposed to grant bail to the petitioners. 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 petitioners have come forward to deposit an amount of Rs.1,00,000/- (each) to the Stanley Medical College, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to deposit a sum of Rs.

1,00,000/- (Rupees One Lakh only) (each) directly to the Dean, Stanley Medical College, Chennai, and on such deposit the petitioners are ordered to be released on bail on their executing a separate 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 learned Judicial Magistrate -I, Villupuram 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] each of the petitioners shall deposit a sum of Rs.

1,00,000/- (Rupees One Lakh only) (each) directly to the Dean, Stanley Medical College, Chennai to enable the Dean to use the aforesaid amount for the purpose of treating the alcohol influenced patients. [c] the petitioners shall stay at Kalpakkam and report before the Inspector of Police, E-4 Kalpakkam Police Station, Kalpakkam daily at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter report before the respondent police as and when required for interrogation.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners 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 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].

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

-sd/- 16/06/2022 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, VILLUPURAM 2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VILLUPURAM WEST POLICE STATION, VILLUPURAM DISTRICT 4 THE OFFICER INCHARGE DISTRICT JAIL, VEDAMPATTU 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE DEAN, STANLEY MEDICAL COLLEGE, CHENNAI 7 THE INSPECTOR OF POLICE, E-4 KALPAKKAM POLICE STATION, KALPAKKAM +1 CC to M/S.G.SARAVANABHAVAN Advocate on payment of necessary charges SR.NO.9255 CRL OP.13911/2022 Date :16/06/2022 JPA 16/06/2022