Jithender Patel v. The State By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.23680 of 2022 Jithender Patel ... Petitioner Vs.

The State represented by, The Inspector of Police, Maharajakadai Police Station, Krishnagiri District.

Crime No.127 of 2022 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in connection with Crime No.127 of 2022, on the file of the Respondent Police.

For Petitioner : Mr.P.M.Jayachandran For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/7

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 20.09.2022 for the offences punishable under Sections 273, 328, 511 of IPC and Sections 57, 59 of Food Safety and Standards Act, 2006 and Section 6(a) r/w Section 24(1) of Cigarette and other Tobacco Products Acts, 2003, in Crime No.127 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 19.09.2022, while the respondent Police and his team were on routine rounds, they found that the petitioner had illegally transported 10 kilograms of banned tobacco products. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would also submit that without prejudice, the petitioner is prepared to deposit some considerable amount as non-refundable deposit to 2/7

any welfare scheme of the Government and hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that on 19.09.2022, when the respondent Police and his team were on routine rounds, they found that the petitioner had illegally transported 10 kilograms of banned tobacco products and the same has been seized by the respondent and the accused has also been arrested. He would further submit that there is no previous case as against the petitioner. However, he vehemently opposed for grant of bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6. In order to curb the illegal activities of smuggling of tobacco products, this Court is of the opinion that the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten thousand only) as non refundable deposit to "The 3/7

Dean/Medical Officer, Government Dharmapuri Medical College and Hospital, Dharmapuri District" without prejudice to his rights and contentions before the trial Court.

7. 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.

8. Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the petitioner is prepared to deposit Rs.10,000/- to any welfare scheme of the Government, this Court is inclined to grant bail to the petitioner with certain conditions.

9. Accordingly, the petitioner is ordered to be released on bail on condition to make a non refundable deposit of Rs.10,000/- (Rupees Ten thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the Dean, Government Dharmapuri Medical College and Hospital, 4/7

Dharmapuri District" without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail on his executing a bond each for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No-II, Hosur, 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;

[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 5/7

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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 29.09.2022 ham To

1. The Judicial Magistrate No.II, Hosur.

2. The Inspector of Police, Maharajakadai Police Station, Krishnagiri District.

3. The Sub Jail, Krishnagiri.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA., J.

ham 29.09.2022 7/7