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Madras High CourtCRL OP/23131/2021granted

Annamalai v. The State Represented By

2021-12-02Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.23131 of 2021 Annamalai ... Petitioner Vs.

The State Represented by The Inspector of Police, Thiruvennainallur Police Station Villupuram District.

Crime No: 769 of 2021 ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to grant bail to the petitioner in Crime No. 769 of 2021 on the file of the (Thiruvennainallur Police Station, Villupuram District) respondent police.

For petitioner : Mr.S.Magesh Kumar For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 29.09.2021 for the offences under Sections 4(1)(A), 4(1)(a) of T.N.P. Act , in Crime No.769 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on the date of occurrence, the petitioner was found in possession of 10 litres of illicit arrack and 8 numbers of brandy bottles each containing 180 ml which were suspected to be poisonous. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is a senior citizen aged about 70 years and he has been falsely implicated in this case and that he has been suffering incarceration for more than 60 days from 29.09.2021. He would further submit that the petitioner is ready and willing to pay a sum of Rs.10,000/- to any Charitable Institute as may be directed by this Court and he would pray for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) raised objection stating that the petitioner is a habitual offender and he has got 21 previous cases against him.

5.In order to curb the illegal activities and considering the submission made by the learned counsel for the petitioner, this Court is of the opinion that the petitioner shall be directed to make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand Only), to the credit of the Registered Legal Services Authority, Villupuram District, without prejudice to his rights and contentions. The amount so deposited shall be utilised by the Authority for the welfare of the poor litigants.

6. It is made clear that the deposit of the amount by the petitioner to the said Authority would not amount to admission of guilt. The trial Court shall deal with the case independently on merits without reference to the amount deposited at the stage of bail.

7. Considering the age of the petitioner and the period of incarceration undergone by the him and that the investigation is almost completed, this Court is inclined to grant bail to the petitioner with certain conditions.

8. 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 No.II, Ulundurpet, and on further conditions that:

(a) the petitioner shall make non-refundable deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) through demand draft to the Registered Legal Services Authority, Villupuram District, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner; (b)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 shall report before the respondent police on every Tuesday 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.

-sd/- 02/12/2021 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.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, ULUNDURPET.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, THIRUVENNAINALLUR POLICE STATION, VILLUPURAM DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE OFFICER INCHARGE, REGISTERED LEGAL SERVICE AUTHORITY, VILLUPURAM DISTRICT.

7 THE SECRETARY, TAMIL NADU LEGAL SERVICES AUTHORITY HIGH COURT, MADRAS.

CC to M/S.S.MAGESH KUMAR Advocate on payment of necessary charges CRL OP.23131/2021 Date :02/12/2021 JPA 03/12/2021