Ibrahim Sugama v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twelfth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice SATHI KUMAR SUKUMARA KURUP CRIMINAL ORIGINAL PETITION No.19449 of 2021 (*)IBRAHIM SUGARNA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CSCID POLICE STATION, VILLUPURAM DISTRICT (CRIME NO.146/2021) For Petitioner : M/S M.SELVAM Advocate (CRL.OP.NO.19449/2021) : Ms.S.SOWMIYA (CRL.MP.NOs.13400 & 13401/2021) For Respondent : M/S.A.GOKULAKRISHNAN, Additional Public Prosecutor (CRL.OP.NO.19449/2021) : Mr.V.J.PRIYADARSANA Government Advocate (Crl. Side) (CRL.MP.NOs.13400 & 13401/2021) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 6

(4) of TN Scheduled Commodities (RDCS) Order, 1982 r/w Section 7(1) (a)(ii) of Essential Commodities Act, 1955 in Crime No.146 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.There are totally ten accused persons involved in this case and the petitioner is arrayed as first accused. The case of the prosecution is that the petitioner had illegally transported 20200 kgs of PDS rice. Hence, the case was registered against the petitioner on the complaint made by the defacto complainant. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instructions he further submits that without prejudice to his defence and contentions, the petitioner, on his own volition is willing to contribute a sum of Rs.20,000/- for improvement of the basic needs of the Government Schools.

4. The learned Additional Public Prosecutor opposed the grant of anticipatory bail by stating that the petitioner had illegally transported 20200 kgs of PDS rice. He further submitted that there are three previous cases pending against the petitioner. 5.Considering the facts and circumstances of the case and also the fact that co-accused had already been released on bail by this Court in Crl.O.P.No.15162 of 2021 dated 25.08.2021, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate -I, Villupuram on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) the petitioner shall make a non-refundable deposit of Rs.20,000/- to the credit of " The Chief Educational Officer, Villupuram District, for the rehabilitation and improvement of the basic needs of the Government Schools in the said District under necessary acknowledgment without prejudice to his defence before the trial court and submit proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the receipt/acknowledgment shall accept the sureties furnished by the petitioner.

(b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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]; 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 Commissioner of School Education as and when such works are completed by utilising the money as ordered by this Court. -sd/- 12/10/2021 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.

[*]Amended and Considering the request made by the learned counsel for the petitioner is reasonable, the petition for amendment of name of the petitioner and the petitioner for extension of time for execution of sureties are accepted and time is granted by two weeks. Both the petitions are ordered accordingly, as per order of this court dated 23.12.2021 made in Crl.MP.NOs.13400 & 13401/2021 in Crl.O.P.No. 19449/2021.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, VILLUPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CSCID POLICE STATION, VILLUPURAM DISTRICT.

5 THE CHIEF EDUCATIONAL OFFICER, VILLUPURAM DISTRICT.

+2 C.C. to M/S.M.SELVAM Advocate on payment of necessary charges SR.NO.15520 & 15521 CRL OP.19449/2021 Date :12/10/2021 RW 18/10/2021 RW 03/01/2022