Linguraj (A2) v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Linguraj ... Petitioner Vs.

The State represented by, The Sub-Inspector of Police, Kondalampatty Police Station, Salem District.

(Crime No.486/2022).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in connection with the Crime No.486 of 2022 pending investigation on the file of the respondent Police. For Petitioner : Mr.E.C.Ramesh For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 21.09.2022 for the offences punishable under Sections 283, 328 IPC r/w Section 6, 24(1) of Cigarette and other Tobacco Products Act, in Crime No.486 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is the petitioner along with three other persons were found in illegal possession of 57 Kgs of banned tobacco products worth about Rs.43,944/-.

3. The learned counsel appearing for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on 21.09.2022 and he is in confinement for the past so many days. 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 57 Kgs of banned tobacco products worth about Rs.43,944/-. 2/6

He would further submit that the petitioner is a habitual offender, as against whom there are eight previous cases, out of which seven cases are similar in nature. Hence, he vehemently opposed to grant bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner would submit that the petitioner is willing and ready to deposit an amount of Rs.1,00,000/- towards any welfare scheme of the Government. He would further submit that the petitioner undertakes that he will not indulge in offences similar in nature hereinafter.

6. Heard the learned counsel for the petitioner 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 petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) as a non refundable deposit to "The Dean/Medical Officer, Government Mohan Kumaramangalam Medical College Hospital, Salem", without prejudice to his rights and contentions 3/6

before the trial Court.

8. 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.

9. 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.1,00,000/- to any welfare scheme of the Government, this Court is inclined to grant bail to the petitioner with certain conditions.

10. Accordingly, the petitioner is ordered to be released on bail on condition to make a non refundable deposit of Rs.1,00,000/- (Rupees One Lakh only) by way of Demand Draft/RTGS/NEFT to the "The Dean/Medical Officer, Government Mohan Kumaramangalam Medical College Hospital, Salem", 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 4/6

Rs.25,000/- ( Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-V, Salem, 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 and 5.30 p.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]; 5/6

A.D.JAGADISH CHANDIRA.,J.

Anu [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

28.10.2022 Anu To

1. The Judicial Magistrate-V, Salem.

2. The Sub-Inspector of Police, Kondalampatty Police Station, Salem District.

3. The Central Prison.

Salem.

4. The Public Prosecutor, High Court of Madras.

6/6