Sivachandran v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.11.2020 CORAM :
THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR CRL.O.P.No.18787 of 2020 Sivachandran ... Petitioner Vs.
The State Rep. by ... Respondent The Inspector of Police Thalaivasal Police Station Salem District.
(Crime No.662 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.662 of 2020 pending on the file of the Respondent Police. For Petitioner : Mr.R.Sankarasubbu 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 08.11.2020 for the offences punishable under Sections 4(1) (i), 4(1)(aaa), 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.662 of 2020, seeks bail.
2.The case of the prosecution is that the petitioner was illegally found in possession of 115 litres of ID Arrack and the same was seized by the respondent police.
3.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. On instructions, he would further submit that without prejudice to his defence, the petitioner is prepared to deposit some considerable amount to any charitable Organization or Association. Hence, he prays to grant bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would submit that the petitioner was illegally found in possession of 115 liters of ID Arrack. He would further submit that there are five previous cases against the petitioner out of which, two cases have been closed and
three cases are pending against him. Hence, he vehemently opposed for grant of bail to the petitioner.
5.Taking into consideration of the facts and circumstances and also considering the submissions made by the learned counsels and also the fact the petitioner is in custody from 08.11.2020, this Court is inclined to grant bail to the petitioner subject to the following conditions:
(a)The petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) as non-refundable deposit through RTGS/NEFT to the "Chief Minister's Public Relief Fund, Indian Overseas Bank, Secretariat Branch, Chennai SB.A/c.
No.117201000000070, IFSC Code. No.IOBA0001172, and on such payment and production of proof, she shall be released on bail on further condition to execute a bond for a sum of Rs.10,000/- (Ten Thousand only) with two sureties each for a likesum sum to the satisfaction of the the learned Judicial Magistrate - II, Attur, and on further conditions that;
(b) 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; (c) Merely, because the petitioner deposit the said amount, it would not amount to admission of her guilt. Therefore, it is open to the trial Court to deal with the case independently. (d) the petitioner on his release from prison shall report before the respondent police daily at 10.30 a.m., until further orders;
(f) the petitioner shall not commit any offences of similar nature;
(g) the petitioner shall not abscond either during investigation or trial;
(h) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(i) on breach of any of the aforesaid conditions, the learned Judicial 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];
(j) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 30/11/2020 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, NO.II, ATTUR.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, THALAIVASAL POLICE STATION, SALEM DISTRICT.
5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
THE "CHIEF MINISTER'S PUBLIC RELIEF FUND, INDIAN OVERSEAS BANK, SECRETARIAT BRANCH, CHENNAI SB.A/C. NO.117201000000070, IFSC CODE. NO.IOBA0001172.
CC to M/S.R.SANKARASUBBU Advocate on payment of necessary charges CRL OP.18787/2020 Date :30/11/2020 TA-02/12/2020