Lakaram v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.22257 of 2021 Lakaram ... Petitioner Vs.

State Rep. by The Inspector of Police Karimangalam Police Station, Dharmapuri District.

(Crime No.556 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Crime No.556 of 2021 on the file of the respondent police. For Petitioner : Mr.B.Vasudevan For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side) [CRL.O.P.No.22257 of 2021] MR.A.GOKULAKRISHNAN, Additional public Prosecutor [CRL.M.P.NO.13612 of 2021]

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 328 IPC r/w Section 7 of Cigarette and other Tobacco Products Act 2003, in Crime No.556 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of banned tobacco products. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, on instructions, the

learned counsel further submitted that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.20,000/- to any charitable trust. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is no previous case pending against the petitioner and the investigation is almost completed. However, he vehemently opposed for grant of anticipatory bail to the petitioner..

5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed and there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before (*)the Judicial Magistrate, Palacodu, Dharmapuri District, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of ''The Sevalaya, No.F-2, Pushkarani Apartments, 12 Ananda Road, Alwarpet, Chennai - 600 018, A/C Name: SEVALAYA, A/C No.

:218601000134, ICICI Bank, Mylapore Branch, Chennai - 600 004, IFSC Code : ICIC0002186, Phone No.

[b] the petitioner and 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.

[c] the petitioner is directed to report before the respondent police on every Tuesday and Sunday 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. -sd/- 01/12/2021 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 AS PER ORDER OF THIS COURT DATED 17/12/2021 MADE IN CRL.MP.No.13612 OF 2021 IN CRL.O.P.No.22257 OF 2021 TO (*)1 THE JUDICIAL MAGISTRATE, PALACODU, DHARMAPURI DISTRICT, 2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION].

3 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, EDAPADDY.

4 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION].

5 THE INSPECTOR OF POLICE, KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

7 THE SEVALAYA, NO.F-2, PUSHKARANI APARTMENTS, 12 ANANDA ROAD, ALWARPET, CHENNAI - 600 018, A/C NAME: SEVALAYA, A/C NO. :218601000134, ICICI BANK, MYLAPORE BRANCH, CHENNAI - 600 004, IFSC CODE : ICIC0002186, PHONE NO.: 9941450444 CC to B.VASUDEVAN Advocate on payment of necessary charges CRL OP.22257/2021 Date :01/12/2021 JPA 07/12/2021 JPA 28/12/2021