Madras High CourtCRL OP/15555/2022granted

Sathishkumar v. State Rep By

2022-07-06Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.15555 of 2022 Sathishkumar ..Petitioner/A3 Vs.

State by:- ..Respondent The Inspector of Police, CSCID Police Station, Krishnagiri Krishnagiri District crime No.90 of 2022 PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.90 of 2022 pending investigation on the file of the respondent police. For Petitioner : Mr.M.Jayachandran For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 16.06.2022 for the offences punishable under Section 6(4) of TNSC (RDCS) Order 1982 r/w 7(i)(a)(ii) of E.C. Act, 1955 in crime No.90 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 13.06.2022 at about 4.30 a.m., when the respondent police were on their regular patrol duty, they found the vehicle bearing registration No.KA 40 A 3639 transporting 7500 kg (50x150) of PDS rice by the petitioner and another accused(A2) without obtaining any permission or licence from the State Government. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case and he is only the owner of the vehicle. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there are totally three accused, in which the petitioner is arrayed as A3, who along with other accused person transported 7500 kg (50x150) of PDS rice without licence and the petitioner is the driver of the vehicle involved in this offence. Hence, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration the facts of the case and the also the period of incarceration by the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner shall donate 10 bags of ponni rice (each 50 kg) and 2 bags of toor dal (each 25 kg) to Sneha Special Home For Children, Pannapalli Village, Nachikuppam (PO), Veppanapalli Via, Krishnagiri District (Ph.No.94480 58060) and on such donation, the petitioner is ordered to be released on bail on his executing a 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 No.

I, Krishnagiri 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] the petitioner shall donate 10 bags of ponni rice (each 50 kg) and 2 bags of toor dal (each 25 kg) to Sneha Special Home For Children, Pannapalli Village, Nachikuppam (PO), Veppanapalli Via, Krishnagiri District (Ph.No.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

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

[e] the petitioner 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 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].

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

-sd/- 06/07/2022 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, KRISHNAGIRI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CSCID POLICE STATION, KRISHNAGIRI, KRISHNAGIRI DISTRICT.

5 THE OFFICER INCHARGE SUB JAIL, KRISHNAGIRI.

6 THE SNEHA SPECIAL HOME FOR CHILDREN, PANNAPALLI VILLAGE, NACHIKUPPAM (PO), VEPPANAPALLI VIA, KRISHNAGIRI DISTRICT (PH.NO.94480 58060) +1 CC to M/S. M.JAYACHANDRAN Advocate on payment of necessary charges SR.NO.10751 CRL OP.15555/2022 Date :06/07/2022 TA-06/07/2022