Gaja Ram v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.12.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.20162 of 2020 Gaja Ram ... Petitioner Vs.

State represented by the Inspector of Police, Tiruppur South Police Station, Tiruppur.

(Crime No.1675 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.1675 of 2020 on the file of the respondent police. For Petitioner : Mr.J.Franklin For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The cases have been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 01.12.2020 for the offences punishable under Section 328 of IPC and Section 22(a) of Cigarette and Other Tobacco Products Act, 2003, in Crime No.1675 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the de facto complainant is that the petitioner was found in illegal possession of 30 kgs. of banned tobacco products.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent 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 make considerable donation to any charitable Organization or Association and that the petitioner has been suffering incarceration from 01.12.2020. Hence, he prays to grant bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would vehemently oppose stating that the petitioner was found in illegal possession of 30 kgs. of banned tobacco products worth Rs.50,000/- He would further submit that there is no previous case against the petitioner.

5.In order to curb the illegal activities and taking into consideration of 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.25,000/- (Rupees Twenty Five Thousand only) as non-refundable deposit through RTGS/NEFT in favour of the "The Dean, Rajiv Gandhi Government General Hospital, Chennai, bearing A/c. No.10273425961, State Bank of India, Park Town (Chennai), 68, Evening Bazaar Road, Chennai, IFSC:SBIN0001856, 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/- (Ten Thousand only) with two sureties each for a likesum sum to the satisfaction of the the learned Judicial Magistrate-II, Tiruppur, and on further conditions that; (a) Merely, because the petitioner deposits 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 petitioner shall report before the respondent police every day at 10.30 a.m. until further orders.

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g) 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];

(h) 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/- 17/12/2020 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 JUDICIAL MAGISTRATE, NO.II, TIRUPPUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, TIRUPPUR SOUTH POLICE STATION, TIRUPPUR.

5 THE OFFICER INCHARGE, SUB JAIL, TIRUPPUR 6 THE DEAN, RAJIV GANDHI GOVERNMENT GENERAL HOSPITAL, CHENNAI, BEARING A/C. NO.10273425961, STATE BANK OF INDIA, PARK TOWN (CHENNAI), 68, EVENING BAZAAR ROAD, CHENNAI, IFSC:SBIN0001856, CC to M/S. J.FRANKLIN Advocate on payment of necessary charges CRL OP.20162/2020 Date :17/12/2020 RVR 18/12/2020