Devanathan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2022
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
1. Devanathan
2. Athinarayanan @ Sankar ... Petitioners Vs.
The State, Rep.by the Inspector of Police, Thirumanur Police Station, Ariyalur District.
(Crime No.165 of 2022) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioners on bail pertaining to Crime No.165 of 2022 pending investigation on the file of respondent Police. For Petitioners : Mr.R.Jayaprakashh For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side) 1/7
O R D E R
The petitioners, who were arrested and remanded to judicial custody on 25.09.2022, for the offences punishable under Section 328 of IPC and Section 6, 9(ii) of TN Prohibition of Smoking & Spitting Act, 2003 r/w Section 24(1) of Cigarette and Other Tobacco Products Act, 2003, in Crime No.165 of 2022, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioners along with the other accused were found in possession of banned tobacco products worth about Rs.2,50,000/-. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and their names did not even find place in the First Information Report and they have been falsely implicated in this case. Therefore, he prays for grant of bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioners along with the other 2/7
accused were found in possession of banned tobacco products worth about Rs.2,50,000/-. He would also submit that as far as the 2nd petitioner is concerned, he is arrayed as A4 in this case and he has been detained under Act 14, pursuant to the order passed by the District Collector, Ariyalur District vide Cr.M.P.No.32 of 2022, dated 13.10.2022. Hence, he vehemently opposed to grant bail to the petitioners.
5. At this juncture, learned counsel appearing for the petitioners would submit that without prejudice to his contentions, the 1st petitioner is prepared to deposit a sum of Rs.50,000/- to any welfare scheme of the Government. Therefore, he prays for grant of bail to the 1st petitioner.
6. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) and perused the materials available on record.
7. In order to curb the illegal activities of smuggling of tobacco products, this Court is of the opinion that the 1st petitioner shall deposit a 3/7
sum of Rs.50,000/- (Rupees Fifty Thousand only) as a non refundable deposit to "The Dean/Medical Officer, Government District Headquarters Hospital, Ariyalur District,", without prejudice to his rights and contentions before the trial Court. Merely, because the 1st petitioner has deposited 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 1st petitioner is prepared to deposit Rs.50,000/- to any welfare scheme of the Government, this Court is inclined to grant bail to the 1st petitioner with certain conditions.
9. Accordingly, the bail application in respect of the 2nd petitioner is dismissed, since he has been detained under Act 14, pursuant to the order passed by the District Collector, Ariyalur District vide Cr.M.P.No.32 of 2022, dated 13.10.2022 and the 1st petitioner is ordered to be released on bail on condition to make a non refundable deposit of Rs.50,000/- (Rupees Fifty 4/7
Thousand only) by way of Demand Draft/RTGS/NEFT to "The Dean/Medical Officer, Government District Headquarters Hospital, Ariyalur District", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, the 1st 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 Court No.II, Ariyalur, 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 1st petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders;
[c] the 1st petitioner shall not abscond either during investigation or trial;
[d] the 1st petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take 5/7
appropriate action against the 1st petitioner in accordance with law as if the conditions have been imposed and the 1st 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];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
14.10.2022 rgi To
1. The Judicial Magistrate No.II, Ariyalur.
2. The Inspector of Police, Thirumanur Police Station, Ariyalur District.
3. The Sub Jail, Jayankondam.
4. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA., J.
rgi Crl.O.P.No. 24699 of 2022 14.10.2022 7/7