Manikandan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.12.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.25367 of 2021 Manikandan ... Petitioner Vs.
The State rep. By the Inspector of Police, Hosur Town Police Station, Krishnagiri District.
(Crime No.676 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.676 of 2021 pending investigation on the file of the respondent. For Petitioner : Mr.E.Kannadasan For Respondent : Mr.N.S.Suganthan Government Advocate(Crl. Side)
ORDER
The petitioner who was arrested and remanded to judicial custody on 12.12.2021 for the offences under Section 328 of IPC r/w 6 and 20(i) of Cigarette and other tobacco products Act 2003 in Crime No.672 of 2021 on the file of the respondent police seeks bail.
2. The case of the prosecution is that the petitioner along with other accused persons involved in illegal transportation of 10.80kgs of tobacco products worth about Rs.10,110/- . Hence, the complaint.
3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.10,000/- to any Charitable Purpose as may be directed by this Court. He further submits that the petitioner has been suffering incarceration for more than 11 days from 12.12.2021. Hence, he seeks for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) submits that the petitioner along with other accused persons involved in illegal
transportation of 10.80kgs of tobacco products worth about Rs.10,110/- and the investigation was almost completed. He further submits that there is no previous case against the petitioner. However, he vehemently opposed to grant bail to the petitioner.
5. Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner and also the fact that the investigation was almost completed and the petitioner has willfully and on his own volition agreed to contribute a sum of Rs.10,000/- for charitable purpose, this court is inclined to grant bail to the petitioner with certain conditions.
6. 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 learned Judicial Magistrate No.II, Hosur and on further conditions that:
(a) the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten thousand only) to the Registered Advocates Clerks Association, Krishnagiri within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below;
(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 station on every Wednesday 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/- 23/12/2021 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, HOSUR 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, HOSUR TOWN POLICE STATION, KRISHNAGIRI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE OFFICER INCHARGE, SUB JAIL, KRISHNAGIRI 6 THE REGISTERED ADVOCATE CLERKS ASSOCIATION, KRISHNAGIRI CC to M/S E.Kannadasan Advocate on payment of necessary charges Sr.15472 CRL OP.25367/2021 Date :23/12/2021 RVR 23/12/2021