M.Manickam v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 16327 of 2020 M.Manickam ... Petitioner/1st Accused Vs.
The State represented by, ... Respondent/Complainant The Inspector of Police, Rasipuram Police Station, Namakkal District.
(Crime No. 1540 of 2020) Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No. 1540 of 2020, on the file of the respondent police.
For Petitioner : Mr.M.Mohamed Saifulla For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
ORDER
(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 15.09.2020 for the offences punishable under Section 328 of IPC and Section 7(1) of Cigarette and other Tobacco Products Acts 2003, in Crime No. 1540 of 2020, on the file of the respondent police, seeks bail.
2 The case of the prosecution as per the defacto complainant is that the petitioner along with other accused had supplied the banned tobacco products (100 Bundles of Hans-12 Bags, 50 Bundles of Hans-4, 200 and 50 Bundles-vimal panmasala, 47 Bundles of Coollip and 12 Box Rmd) worth about of Rs.5,00,000/-. Hence, the complaint. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the entire banned tobacco products have been seized by the respondent police and that the main accused in this case viz., V.Manohar Singh
has been granted anticipatory bail by this Court in Crl.O.P.No.15595 of 2020, dated 05.10.2020. On instruction, he would further submit that the petitioner without prejudice to his defence, is prepared to make considerable donation to any charitable Organization or Association. Hence, he prays for grant of anticipatory bail to the petitioner.
The learned Government Advocate (Crl.Side) appearing for the respondent would vehemently oppose by stating that the petitioner along with other had supplied the banned tobacco products (100 Bundles of Hans-12 Bags, 50 Bundles of Hans-4, 200 and 50 Bundles-vimal panmasala, 47 Bundles of Coollip and 12 Box Rmd) worth about of Rs.5,00,000/- and the banned tobacco products have been seized by the respondent police.
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 of a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the Claretian Life Animation Project Trust, the Karur Vysya Bank Limited, Tambaram Branch, Chennai, A/c.No.1190155000096499, IFSC - KVBL0001190 and on such payment and production of proof he shall be released on bail on condition to 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 learned Judicial Magistrate, Rasipuram and on further conditions that:
(a) 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;
(b) the petitioners shall report before respondent police everyday at 10.30 a.m., for a period of four weeks and thereafter every Monday at 10.30 a.m., until further orders. (c) the petitioners shall not commit any offences of similar nature;
(d) the petitioners shall not abscond either during investigation or trial;
(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(f) on breach of any of the aforesaid conditions, the learned Judicial 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.
7 With the above directions, this Criminal Original Petition is ordered.
-sd/- 14/10/2020 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 COURT, RASIPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, RASIPURAM POLICE STATION, NAMAKKAL DISTRICT.
5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
6 THE CLARETIAN LIFE ANIMATION PROJECT TRUST, THE KARUR VYSYA BANK LIMITED, TAMBARAM BRANCH, CHENNAI, A/C.NO.
1190155000096499, IFSC - KVBL0001190 CC to M/S. M.MOHAMED SAIFULLA Advocate on payment of necessary charges CRL OP.16327/2020 Date :14/10/2020 TA-15/10/2020