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Madras High CourtCRL OP/19361/2023granted

Selvaraj v. Inspector Of Police

2023-08-23Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No. 19361 of 2023 Selvaraj

...Petitioner

Vs.

The State Represented by, The Inspector of Police, Tiruchengode Rural Police Station, Namakkal District.

Crime No. 218 of 2023

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. to enlarge the petitioner on bail in Crime No. 218 of 2023 on the file of the respondent police.

For Petitioner : Mr.M.Marimuthu For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.07.2023 for the offences punishable under sections 4(1)(a), 4(1)(b) and 4(1-A) of the TNP Act read with Section 25 (1B) (a) of Arms Act, 1959 in Crime No. 218 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an innocent and he has been falsely implicated in this case. Petitioner is in judicial custody from 25.07.2023. Thus, he prays for grant of bail.

3. In reply, the learned Additional Public Prosecutor opposes this petition, on the ground that, on 25.07.2023 at about 06.00.a.m., when the respondent police mounted surveillance at Tirchengode Molacu Raod, they found the accused in the suspicious circumstances. After following necessary procedure, search was conducted and they found that, petitioner was found in possession of 8 litres of illicit arrack and country made guns. Illicit arrack and the country made guns were seized 2/6

and FIR was registered. He further submitted that, apart from this case, there is no previous case pending against the petitioner.

4. Considering the fact that, there is no previous case against the petitioner and the Illicit arrack and the country made guns were seized and also having regard to the fact that, petitioner is in judicial custody from 25.07.2023 and that the material part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Tiruchengode, Namakkal District 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.

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[b] the petitioner without prejudice to his defence shall deposit a non-refundable sum of Rs.10,000/-, by way of Demand Draft to the Chief Minister's Public Relief Fund, Finance (CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009, Tamil Nadu, India, Indian Overseas Bank, Secretariat Branch, Chennai 600 009, S.B.Account No.11720 10000 00070, IFS Code IOBA0001172, CMPRF PAN: AAAGC0038F and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond; It is made clear that 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. [c] the petitioner shall report before the respondent police daily at 10.30.a.m., until further orders.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence 4/6

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.

23.08.2023 sma/mac To

1. Judicial Magistrate, Tiruchengode, Namakkal District.

2. Central Prison, Salem.

3. The Inspector of Police, Tiruchengode Rural Police Station, Namakkal District.

4.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN. J.

sma/mac 23.08.2023 6/6