Shambu Singh v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.13303 of 2021 1.Shambu Singh .. Petitioners 2.Vikram @ Vikram Singh 3.Govind Singh Vs.
State Rep. By .. Respondent The Inspector of Police, Perambalur Police Station, Perambalur.
Cr.No.1144 of 2021.
PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C prayed to enlarge the petitioners on bail in Crime No.1144 of 2021 pending on the file of the respondent police. For Petitioners: Mr.T.Elumalai For Respondent : Mr.A.Gopinath Government Advocate (Criminal Side)
ORDER
The petitioners who were arrested on 18.07.2021 and remanded to judicial custody for the offences under Section 20(2) of the Cigarette and other Tobacco Products Act, 2003 and 328 of IPC, in Crime No.1144 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioners were along with others were in possession of 70 bags of gutkha and 20 bundles of cool leaf and 30 bundles of C-1 Tobacco bundle. Hence, the law enforcing agency registered a case against the petitioners.
3. The learned counsel for the petitioners submitted that the petitioners is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioners have been in jail from 18.07.2021. However, on instructions, the learned counsel further submitted that the petitioners, on their own volition, is ready and willing to contribute a sum of Rs.1,00,000/- for the purpose of improving and maintaining the Government Schools. Therefore, he prays to grant bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that there is no previous case pending as against the petitioners. However, he vehemently opposed for grant of bail to the petitioners.
5. Considering the period of incarceration suffered by the petitioners and there is no previous case pending as against the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions:
6. Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) ech with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Perambalur and on further condition that:
(a ) the petitioners shall jointly make a non-refundable deposit of Rs1,00,000/- (Rupees one lakh only) to the credit of the Chief Educational Officer, Perambalur District for the rehabilitation and improvement of the basic needs of the Government Schools in the said District under necessary acknowledgement, without prejudice to his defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgement, shall accept the sureties furnished by the petitioners;
(b)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; (c)the petitioners shall report before the respondent police, daily at 10.30 a.m and 5:30 p.m. until further orders; (d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond 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]; and; (g)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/- 02/08/2021 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 JUDICIAL MAGISTRATE NO.I, PERAMBALUR.
2 THE CHIEF JUDICIAL MAGISTRATE, PERAMBALUR DISTRICT (FOR INFORMATION) 3 THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR.
4 THE OFFICER INCHARGE, SUB JAIL, PERAMBALUR.
5 THE CHIEF EDUCATIONAL OFFICER, PERAMBALUR DISTRICT.
6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.T.ELUMALAI Advocate on payment of necessary charges SR.NO.8046 CRL OP.13303/2021 Date :02/08/2021 INBA 03/08/2021