Rajasekar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Thirtieth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.15070 of 2022 1 RAJASEKAR [ PETITIONERS/ ACCUSED ] 2 KUMAR @ KARTHIKKUMAR 3 SATHEESH @ SATHISHKUMAR 4 LOGANATHAN Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, TIRUCHENGODE RURAL POLICE STATION, NAMAKKAL DISTRICT.

(CR.NO.199 OF 2022) For Petitioner : M/S. V.BALAMURUGAN Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120(B), 273 & 328 of IPC r/w Section 24(1) of Cigarette and other Tobacco Products Acts 2003 in Crime No.199 of 2022, seek anticipatory bail.

2. The case of the prosecution is that on 07.06.2022, based on the secret information, the respondent police found the petitioners herein along with co-accused in possession of 239.5 Kgs of prohibited Tobacco Products (Gutkha and pan masala) meant to be sold to the public. Hence, the case.

3. The learned counsel appearing for the petitioners would submit that the petitioner are innocent persons and they have been falsely implicated in this case based on the confession statement given by A1. On instructions, he would further submit that the petitioners are

ready to jointly deposit an amount of Rs.1,00,000/- to the Chief Justice Relief Fund, High Court, Madras as non-refundable deposit and prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that the petitioners herein were implicated in this case based on the confessions statement of A1 & A2 who were found in possession of 239.5 Kgs of prohibited Tobacco products. He further submitted that there is one previous case of similar nature pending against the petitioners. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking note of the facts and circumstances and also taking note of the fact that petitioners have come forward to jointly deposit an amount of Rs.1,00,000/- to the Chief Justice Relief Fund, High Court, Madras as non-refundable deposit, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.

Accordingly, the petitioners are directed to jointly deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the Chief Justice Relief Fund, High Court, Madras as non-refundable deposit, within a period of four weeks from the date on which the order copy made ready, and on such deposit the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Thiruchengode, on condition that each of the petitioners shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and 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] the petitioners shall jointly deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the Chief Justice Relief Fund, High Court, Madras as non-refundable deposit, within a period of four weeks from the date on which the order copy made ready and the receipt of such deposit shall be produced before the concerned learned Magistrate at the time of execution of bond.

[c] the petitioners shall appear before the respondent police twice daily at 10.30 a.m. and 5.30 p.m., for a period of four weeks and thereafter as and when required for interrogation. [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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 30/06/2022 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, THIRUCHENGODE.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, TIRUCHENGODE RURAL POLICE STATION, NAMAKKAL DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SECTION OFFICER, ACCOUNT'S SECTION, CHIEF JUSTICE RELIEF FUND, HIGH COURT, MADRAS.

+1CC to M/S. V.BALAMURUGAN Advocate on payment of necessary charges SR.No.10440 CRL OP.15070/2022 Date :30/06/2022 CSK 06/07/2022