Selvaraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.14608 of 2021 Selvaraj ... Petitioner Vs.

The State of Tamil Nadu Rep. by The Inspector of Police, Anupparpalayam Police Station, Tiruppur District (Crime No.3195 of 2021) ... Respondent Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail in Crime No.3195 of 2021 on the file of the respondent police.

For Petitioner : Mr.Deepanuday For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner who was arrested and remanded to judicial custody on 21.07.2021 for the offence under Section 328 of I.P.C. read with Section 24(1) of Cigarette and Other Tobacco Products Act, 2003, in Crime No.3195 of 2021 on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that the petitioner is alleged to have been found in possession of 51 Kgs. of tobacco products.

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.25,000/- to the Chief Educational Officer, Tiruppur District. 4.The learned Government Advocate (Criminal Side) submitted that there is no previous case as against the petitioner. 5.Considering the fact that there is no previous case as against the petitioner and the period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner.

6.Accordingly, 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 sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate - III, Tiruppur District and on further condition that:

(a) The petitioner shall make a non-refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the credit of the Chief Educational Officer, Tiruppur District for the rehabilitation and improvement of the basic needs of the Government Schools in the said District 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 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 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 petitioners 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.

7.The Chief Educational Officer shall submit the necessary proof with regard to the expenditure incurred and works that were done 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/- 18/08/2021 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 -III, TIRUPPUR DISTRICT.

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

3 THE INSPECTOR OF POLICE, ANUPARPALAYAM POLICE STATION, TIRUPPUR DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE CHIEF EDUCATIONAL OFFICER, TIRUPPUR DISTRICT.

CC to M/S. DEEPANUDAY Advocate on payment of necessary charges CRL OP.14608/2021 Date :18/08/2021 INBA 19/08/2021