K.Dharma @ Veeraiyya v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA K.Dharma @ Veeraiya ... Petitioner Vs.

The State represented by, The Inspector of Police, Central Police Station, Tiruppur.

(Crime No.273 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with Crime No.273 of 2023, pending investigation on the file of the respondent Police. For Petitioner : Mr.N.Kamaraj For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 06.06.2023, for the offences punishable under Sections 294(b), 506(ii), 328 of IPC and 22 (a) of the Cigarette and other Tobacco Products Act, 2003, in connection with Crime No.273 of 2023, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the accused had indulged in selling banned tobacco products and when the de-facto complainant had questioned the accused for selling stale tobacco, the accused had abused him in a filthy language and threatened him with dire consequences. Thereby, based on his complaint, the respondent had arrested the accused and seized about 51 kilograms of banned tobacco products from him. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner (A2) is an innocent person, aged about 24 years and he has been falsely implicated in this case. He further submitted that the petitioner is in no way connected with the alleged offence, whereas, he is in custody from 06.06.2023. Hence, he prayed for grant of bail to the petitioner. 2/6

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner (A2) along with other accused was found to be in illegal possession of banned tobacco products weighing about 51 kilograms and he had also abused and threatened the de-facto complainant. He further submitted that six previous cases are pending as against the petitioner. Therefore, he vehemently opposed for grant of bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to make a non-refundable deposit of Rs.50,000/- to any welfare scheme run by the Government. Hence, he prays for grant of bail to the petitioner.

6. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

7. On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of "M/s. The Tamil 3/6

Nadu Juvenile Justice Fund", without prejudice to his rights and contentions before the trial Court.

8. Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

9. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side, this Court is inclined to grant bail to the petitioner with certain conditions.

10. Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.50,000/- (Rupees Fifty Thousand only) directly to the credit of "M/s. The Tamil Nadu Juvenile Justice Fund, A/C No.358001000000671, IFSC: IOBA0001288, MICR: 600020073, Indian Overseas Bank, SME Kilpauk Branch, Address: No.20, Ormes Road, Kilpauk, Chennai 10", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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, 4/6

each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Tiruppur, 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 report before the respondent Police, everyday at 10.30 a.m., and 05.30p.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] 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]; A.D.JAGADISH CHANDIRA.,J.

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

22.06.2023 ham To

1. The Judicial Magistrate No.II, Tiruppur.

2. The Inspector of Police, Central Police Station, Tiruppur.

3. The Sub Jail, Tiruppur.

4. The Public Prosecutor, High Court of Madras.

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