Ganpat v. State By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2022
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Ganpat ... Petitioner Vs.
State by:- The Inspector of Police, Bagalur Police Station, Krishnagiri District.
(Crime No.191 of 2022) .. Respondent PRAYER: Criminal Original Petitions filed under Section 439 of Cr.P.C., pleased to grant bail to the petitioner pending investigation in Crime No.191 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 13.10.2022 for the offences punishable under Sections 273, 328 of IPC r/w Section 20(2) of COTPA Act in Crime No.191 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 13.10.2022 when the respondent Police along with his team conducted a vehicle checkup at Sevaganapalli and at that time, they found the petitioner was found in possession of 350 kgs of banned tobacco products and the respondent police seized the contraband and arrested the petitioner along with the other accused. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he is only a driver of the vehicle and owner of the vehicle has transported the contraband without knowledge of the petitioner. He would also submit that without prejudice, the petitioner is prepared to make a deposit a sum of Rs.1.5 lakhs as non- refundable 2/7
deposit to any welfare scheme of the Government and hence, he prays for grant of bail to the petitioner.
4. The Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner was found in illegal possession of 350 kgs of banned tobacco products worth about Rs.4 lakhs. He would further submit that there is no previous case pending against the petitioner. Therefore, he oppose for grant of bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) 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.1,50,000/- (Rupees One Lakh and Fifty Thousand only) as a non refundable deposit to "Dean/Medical Officer, Government Medical College Hospital, Krishnagiri", without prejudice to his rights and contentions before the trial Court.
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7. Merely, because the 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 and the submissions made by the learned counsel and also taking note of the fact that the petitioner is prepared to deposit Rs.1,50,000/- 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.1,50,000/- (Rupees One lakh and fifty thousand only) by way of Demand Draft/RTGS/NEFT to the "Dean/Medical Officer, Government Medical College Hospital, Krishnagiri 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 for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Hosur and on further conditions that:
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[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 abscond either during investigation or trial;
[d] the 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 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]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
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To 1.The Judicial Magistrate No.I, Hosur.
2.The Inspector of Police, Bagalur 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.
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