Tajdeen v. The State Rpe By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2022

CORAM

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

The State represented by, The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District.

(Crime No.791/2022) ... 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.791 of 2022 pending investigation on the file of the respondent Police. For Petitioner : Mr.M.N.Balakrishnan For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/8

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 27.10.2022 for the offences punishable under Sections 7(1) & 20(2) of Cigarette and other Tobacco Products Act r/w Sections 273 and 328 of IPC, in Crime No.791 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 26.10.2022, on receipt of the secret information, when the respondent police and their team were on their routine patrol duty, they found that the petitioner along with two other accused were illegally transported 544 kilograms of banned tobacco products. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the co-accused in this case have been granted with bail by this Court in Crl.O.P.No.27772 & 27812 of 2022 dated 14.11.2022, hence he prayed for grant of bail to the petitioner. 2/8

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner, who is arrayed as A1 in this case, along with two other accused were illegally transported 544 kilograms of banned tobacco products for selling. He further submitted that the respondent have arrested the accused and seized about 400 kilograms of banned tobacco products from A1 and the balance 144 kilograms from other two accused. He also stated that the co-accused who have been granted bail by this Court in Crl.O.P.No.27772 & 27812 of 2022 dated 14.11.2022, do not have any previous case, whereas, the present petitioner has got one previous case of similar nature and the contraband recovered from the other accused is lesser than the contraband recovered from the petitioner. Hence, he vehemently opposed to grant bail to the petitioners.

5. At this juncture, the learned counsel for the petitioner submitted that without prejudice, the petitioner is prepared to make a deposit a sum of Rs.75,000/- as non-refundable deposit to any welfare scheme of the Government or to any shelter home and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

3/8

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 selling and transporting banned tobacco products, this Court is of the opinion that the petitioner shall deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) as non refundable deposit to "Rehoboth - Home for Mentally Challenged Homeless Women, No.22, Viswas Nagar, Koluthuvancherri, Paraniaputhur, Chennai", without prejudice to his rights and contentions before the trial Court.

8. Merely, because the petitioner deposit the said amount, it 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 and circumstances of the case and the submissions made by the learned counsel and also taking note of the fact that the petitioner has prepared to deposit Rs.75,000/- to any welfare 4/8

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.75,000/- (Rupees Seventy Five thousand only) by way of Demand Draft/RTGS/NEFT to the "Rehoboth - Home for Mentally Challenged Homeless Women, No.22, Viswas Nagar, Koluthuvancherri, Paraniaputhur, Chennai - Punjab National Bank, Moulivakkam Branch Account No. 05812010015060, IFSC Code : PUNB0058110, MICR Code : 600024081", 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) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Coimbatore, 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;

5/8

[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 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; 17.11.2022 ham 6/8

To

1. The Judicial Magistrate No.V, Coimbatore.

2. The Inspector of Police, Periyanaickenpalayam Police Station, Coimbatore District.

3. The Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

7/8

A.D.JAGADISH CHANDIRA.,J.

ham 17.11.2022 8/8