Suresh Kaveriappa v. State Rep By

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.20136 of 2020 Suresh Kaveriappa ... Petitioner Vs.

The State rep. by, The Inspector of Police, Royakottai Police Station, Krishnagiri District.

(Crime No.617 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.617 of 2020 on the file of the respondent police. For Petitioner : Mr.R.Thirumoorthy 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 06.12.2020 for the offences punishable under Section 273, 328 of IPC r/w Section 7 & 20(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.617 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused was found illegally transporting banned tobacco substances worth Rs.28,20,000/- in a container lorry. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would submit that the other accused had informed that the lorry was detained by the villagers. Thereby, the petitioner was sent to the village to discuss with the Panchayathars for the release of the lorry. The petitioner without knowing the actual issue, had gone to the village. Whereas, he has been falsely implicated in this case as if, he is one of the person who had involved in the transport of banned tobacco products. He would further submit that co-accused in this case have been granted bail by this Court vide Crl.O.P.Nos.17857, 17206, 16759 of 2020 by order dated 10.11.2020, 03.11.2020 and 04.11.2020 respectively and that the petitioner has been suffering incarceration from 06.12.2020. Hence, he prays for grant of bail.

4.The learned Government Advocate (Crl. Side) would vehemently oppose stating that the petitioner along with other accused had illegally transported banned tobacco products worth Rs.28,20,000/- in a container lorry. He would submit that when the other accused had attempted to shift the contraband from one vehicle to another, the same was questioned by the villagers. At that time, the petitioner being part of the gang, had discussed with the villagers to release the vehicle. He would further submit that the petitioner was aware of the contraband transported in the vehicle.

5.At this juncture, the learned counsel for the petitioner on instructions would submit that without prejudice to his defence, the petitioner is prepared to make considerable donation to any charitable Organization or Association in order to show his bonafide.

6.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.50,000/- (Rupees Fifty Thousand only) as non-refundable deposit through RTGS/NEFT in favour of "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 District Munsif cum Judicial Magistrate, Denkanikottai, 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.

7. 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, DENKANIKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 INSPECTOR OF POLICE, ROYAKOTTAI POLICE STATION, KRISHNAGIRI DISTRICT.

5 THE OFFICER INCHARGE, SUB JAIL, KRISHNAGIRI

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 R.THIRUMOORTHY Advocate on payment of necessary charges Sr.8400 CRL OP.20136/2020 Date :17/12/2020 RVR 18/12/2020