Durg Singh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.18726 of 2021 Durg Singh ... Petitioner Vs.

The State represented by The Inspector of Police, Shevapet Police Station, Salem District.

(Crime No.470 of 2021) ... Respondent Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail in Crime No.470 of 2021 on the file of Shevapet Police Station, Salem.

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

ORDER

The petitioner who was arrested on 24.09.2021 for the offence under Sections 273, 328, 511 of I.P.C. r/w Sections 57, 59 of Food Safety and Standards Act, 2006 and Section 77 of JJ Act and Sections 6, 24(1) of Cigarette and Other Tobacco Products Act, 2003, in Crime No.470 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 60 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.1,00,000/- to the Chief Educational Officer, Salem District.

4.The learned Government Advocate (Criminal Side) submitted that there are two previous cases as against the petitioner. 5.Considering 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 No.III, Salem and on further condition that: (a) The petitioner 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 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/- 06/10/2021 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, NO.III, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, SHEVAPET POLICE STATION, SALEM DISTRICT 4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE CHIEF EDUCATIONAL OFFICER, SALEM DISTRICT.

CC to M/S.T.GANESAN Advocate on payment of necessary charges CRL OP.18726/2021 Date :06/10/2021 JPA 07/10/2021