Suresh Singh v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.12.2020
CORAM
THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.19055 of 2020 Suresh Singh ... Petitioner -Vs.- State rep. by The Inspector of Police Deevattipatti Police Station Salem District.
(Crime No.785 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 of Criminal Procedure Code, praying to enlarge the petitioner on bail in Crime No.785 of 2020 pending investigation on the file of the respondent.
For Petitioner : Mr.A.Sathasivam For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 18.11.2020, for the alleged offences under Section 7 of Cigarette and other Tobacco Products Act 2003 and Section 59 of Food Safety and Standards Act, 2006, in Crime No.785 of 2020 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found to be in illegal possession of banned tobacco products viz., vimal 20 and tobacco cool lips pockets 140 and Hans 70 Pockets to the value of Rs.44,000/-. Hence the complaint.
3. The learned counsel for the petitioner would submit that innocent and he has been falsely implicated in this case. On instruction, he would further submit that taking into consideration of the Covid pandemic situation, the petitioner without prejudice to his defence, is prepared to make considerable donation to any charitable Organization or Association, and that the petitioner is in custody from 18.11.2020 and hence, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner is having two two previous cases which are in similar nature. Hence, he vehemently opposed to grant bail to the petitioner.
5. 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 deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) as non-refundable deposit through RTGS/NEFT in favour of the Cancer Institute (WIA) (Regional Cancer Centre), Adyar, Chennai-600 020, bearing A/c No.149710011005477, Andhra Bank, Madhya Kailash Branch, and on such payment and production of proof, he shall be released on bail on further 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 Principal Sessions Judge, Salem and on further condition that: [a] Merely, because the petitioner deposit 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. [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 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]. [g] 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/- 04/12/2020 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 PRINCIPAL SESSIONS JUDGE SALEM 2 THE SUPERINTENDENT, CENTRAL PRISON,SALEM 3 THE INSPECTOR OF POLICE, DEEVATTIPATTI POLICE STATION, SALEM DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE CANCER INSTITUTE (WIA) (REGIONAL CANCER CENTRE), ADYAR, CHENNAI-600 020, BEARING A/C NO.149710011005477, ANDHRA BANK, MADHYA KAILASH BRANCH +1 CC to MR.A.SATHASIVAM Advocate on payment of necessary charges SR.NO.7913 CRL OP.19055/2020 Date :04/12/2020 GKS:07/12/2020