Seramalli v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Seramalli ..Petitioner Vs.
State rep by the Inspector of Police, Sipcot Police Station, Krishnagiri District.
(Crime No.287 of 2022) ..Respondent PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in Crime No.287 of 2022 on the file of the Inspector of Police, Sipcot Police Station, Krishnagiri District.
For Petitioner : Mr.G.Vinodhkumar For Respondent : Mr.A.Gopinath, Government Advocate (crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 01.08.2022 for the offence under Section 328 of IPC read 1/6
with Section 7 and 20(1) of Cigarette and other Tobacco Products Act, 2003 in crime No.287 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found in possession 217 Kgs of banned tobacco products worth about Rs.1,82,000/-. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that a false case has been foisted against the petitioner. He would also submit that the petitioner was arrested and remanded to judicial custody on 01.08.2022. Hence, he prays for grant of bail to the petitioner.
4.The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioner was found in possession of 217 Kgs of banned tobacco products worth about Rs.1,82,000/-. Hence, he vehemently opposed to grant bail to the petitioner. 2/6
5. Considering the above facts and circumstances of the case, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) as non refundable deposit to the credit of COVID-19 SALEM DISTRICT; SB.A/c No : 190601000434; IFSC code : ICIC0006119; The Personal Assistant (General) to the Collector, Collectorate, Room No.117, First Floor, Salem-636 001, Ph.No.9445008148, and on such deposit 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, each for a like sum to the satisfaction of the learned Judicial Magistrate No.
II, Hosur and on further conditions that :- [a] 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. [b] the petitioner shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) as non refundable deposit to the credit of COVID-19 SALEM DISTRICT; SB.
(General) to the Collector, Collectorate, Room No.117, First Floor, Salem-636 001, Ph.No.9445008148 and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond;
[c] the petitioner shall report before the respondent police twice daily at 10.30 a.m. and 5.30 p.m., for a period of six weeks and thereafter as and when required for interrogation. [d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or witness 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.
22.08.2022 mpl 4/6
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G.K.ILANTHIRAIYAN, J.
mpl To 1.The Judicial Magistrate No.II, Hosur.
2.The Inspector of Police, Sipcot Police Station, Krishnagiri District.
3.Sub-Jail, Hosur.
4.The Public Prosecutor, High Court of Madras Crl.O.P.No.19653 of 2022 22.08.2022 6/6