Thangaraj v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2020
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.14666 of 2020 Thangaraj ... Petitioner Vs.
The State rep. by The Inspector of Police, CSCID Police Station, Coimbatore, Coimbatore District.
(Crime No.125 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No.125 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 04.09.2020, for the offence punishable under Sections 6
(4) of TNSC (RDCS) order 1982 r/w 7(i) (a) (ii) of Essential Commodities Act 1955 in Crime No.125 of 2020,on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found to be illegally transporting 2150 kgs of PDS rice value to the tune of Rs.60,450/- without any valid licence or permit. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. However, on instruction,he would further submit that taking into consideration of the Covid pandemic situation,the petitioner without prejudice to his defence,is prepared to make considerable donation to any charitable Organization or Association.
4. The learned Government Advocate (Crl. Side) would submit that the petitioner is the owner-cum-driver of the vehicle and he was found to be illegally transporting 2150 kgs of PDS rice without any valid licence or permit. Hence, he vehemently opposed for the grant of bail to the petitioner.
5. In order to curb the illegal activities and taking into consideration the voluntary submission made by the petitioner offering to donate/pay considerable amount to any charitable organization or association this Court is of the opinion that the petitioner shall be directed to make a payment / donation for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), to The Commissioner of Corporation, Coimbatore (for the purpose of serving food in the Amma Unavagam) and on such payment and production of proof, he shall be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release; (a) the petitioner shall report before the respondent police every day at 10.30 a.m.
, until further orders. (b) thereafter on his release, within a period of two weeks from the date of commencement of the Court's normal functioning, shall surrender before the learned Judicial Magistrate-IV, Coimbatore, and furnish two sureties for a sum of Rs.10,000/- each, failing which the bail granted by this Court shall stand dismissed automatically.
(c) Merely, because the petitioner deposits the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently. (d) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(e) the petitioner shall not commit any offences of similar nature;
(f) the petitioner shall not abscond either during investigation or trial;
(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(h) on breach of any of the aforesaid conditions, the learned Judicial 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];
(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
7. With the above directions, this Criminal Original Petition is ordered.
-sd/- 21/09/2020 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-IV,COIMBATORE 2 THE SUPERINTENDENT, CENTRAL PRISON,COIMBATORE 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, CSCID POLICE STATION,COIMBATORE COIMBATORE DISTRICT.
5 THE COMMISSIONER OF CORPORATION, COIMBATORE [FOR PURPOSE OF SERVING FOOD IN AMMA UNAVAGAM] +1 CC to M/S W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.6366 CRL OP.14666/2020 Date :21/09/2020 GKS:23/09/2020