Vinoth v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.21215 of 2021 Vinoth .. Petitioner Vs.

State by The Inspector of Police Dharmapuri Town Police Station Dharmapuri District (Crime No.1433 of 2021)

...Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to grant bail to the petitioner pending investigation in Crime No.1433 of 2021 on the file of the respondent police.

For Petitioner : Mr.M.Jayachandran For Respondent : Mr.N.S.Suganthan Government Advocate

ORDER

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 13.10.2021 for the offences under Section 328 of IPC read with Section 6(a), 24(1) of COTPA Act, in Crime No.1433 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 13.10.2021, when the respondent police was on patrol duty, the petitioner was found in illegal possession of 10 pockets of banned tobacco products (each 10 grams). Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for more than 25 days from 13.10.2021. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate raised formal objection stating that the petitioner was found in possession of banned tobacco products and the value is about Rs.100/-.

5. Considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

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, each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Dharmapuri, and on further condition 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 report before the respondent police, daily at 10.30 a.m. until further orders;

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

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

(e)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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 11/11/2021 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.I, DHARMAPURI.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, DHARMAPURI TOWN POLICE STATION, DHARMAPURI DISTRICT .

4 THE OFFICER INCHARGE, SUB JAIL, DHARMAPURI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.21215/2021 Date :11/11/2021 CSK 12/11/2021