Rajkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.17470 of 2021 1.Rajkumar ... Petitioners 2.Premkumar Vs.

State rep by its ... Respondent Sub Inspector of Police, CSCID P.S, Krishnagiri.

(Crime No.121 of 2021) Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to grant bail directing the release of the petitioners by the respondent Police in Crime No.121 of 2021 on the file of Inspector of Police, CSCID P.S, Krishnagiri.

For Petitioners : Mr.B.Umapathi For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioners who were arrested on 26.08.2021 for the offence under Section 6(4) of TNSC (RDCS) Order 1982 r/w 7(i)a(ii) of E.C.Act, 1955 in Crime No.121 of 2021 on the file of the respondent police, seek bail.

2.It is the case of the prosecution that the petitioners are alleged to have been found in possession of 11 Tonnes of PDS rice. 3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution. The learned counsel, on instructions, further submitted that the petitioners are ready to deposit a sum of Rs.50,000/- to the Chief Educational Officer, Krishnagiri District.

4.The learned Government Advocate (Criminal Side) submitted that there is no previous case as against the petitioners. 5.Considering the period of incarceration undergone by the petitioners, I am inclined to grant bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 I, Krishnagiri and on further condition that: (a) The petitioners shall make a non-refundable deposit of Rs.

(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 petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders;

(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 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/- 21/09/2021 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-I, KRISHNAGIRI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, CSCID POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE OFFICER INCHARGE, BRANCH PRISON, KRISHNAGIRI.

5 THE CHIEF EDUCATIONAL OFFICER, KRISHNAGIRI DISTRICT.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.B.UMAPATHI Advocate on payment of necessary charges CRL OP.17470/2021 Date :21/09/2021 CSK 22/09/2021