C.Murugan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15121 of 2021 C.MURUGAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, E-5, SHOLAVARAM POLICE STATION, THIRUVALLUR DISTRICT.

(CRIME NO.577/2019) For Petitioner : M/S.T.P.SAVITHA Advocate For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 9(ii) and 7 of Tamil Nadu Prohibition of Smoking and Spitting Act, 2003 in Cr.No.577 of 2019 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is alleged to have been found in possession of 5 Kgs. of tobacco products worth about Rs.40 Lakhs.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. The learned counsel, on instructions, further submitted that the petitioner is ready to deposit a sum of Rs.2 Lakhs to the Commissioner, Chennai Corporation for construction of toilet and for installation of napkin vending machine in the Government Girls Higher Secondary Schools under the Corporation.

4.The learned Government Advocate (Crl. Side) submitted that there are five previous cases as against the petitioner.

5.Considering the fact that the petitioner is ready to deposit a sum of Rs.2 Lakhs to the Commissioner, Chennai Corporation for construction of toilet and for installation of napkin vending machine in the Government Girls Higher Secondary Schools under the Corporation, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate II, Ponneri, on condition that the petitioner shall execute a 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)The petitioner shall make a non-refundable deposit of Rs.2,00,000/- (Rupees Two Lakhs Only) to the credit of the Commissioner, Chennai Corporation for construction of toilet and for installation of napkin vending machine in the Government Girls Higher Secondary Schools under the Corporation under necessary acknowledgment, without prejudice to his defence before the trial court and submit proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the receipt/ acknowledgment shall accept the sureties furnished by the petitioner;

(b)the petitioner and 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;

(c)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner 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 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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 24/08/2021 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-II, PONNERI.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUVALLUR DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, E-5, SHOLAVARAM POLICE STATION, THIRUVALLUR DISTRICT.

4 THE COMMISSIONER, CHENNAI CORPORATION, CHENNAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.T.P.SAVITHA Advocate on payment of necessary charges SR.NO.9003 CRL OP.15121/2021 Date :24/08/2021 INBA 31/08/2021