Pandiyan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Pandiyan ... Petitioner/A1 Vs.

The State represented by, The Inspector of Police, Kunnam Police Station, Perambalur District.

(Crime No.480 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.480 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr.M.Kalaiyarasan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 09.10.2024, seeking bail in 1/6

Crime No.480 of 2024 registered for the offence under Section 20(2) of COTPA, 2003 and Section 123 of BNS, 2023, and Section 77 of JJ Act.

2. The case of the prosecution is that the petitioner was found to be in illegal possession of 70 kilograms of banned tobacco products. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the allegation against the petitioner is false and he is in custody from 09.10.2024. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner was found to be in illegal possession of 70 kilograms of banned tobacco products. He further submitted that there are six previous cases pending against the petitioner, hence, he opposed for granting bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.15,000/- as non-refundable deposit to any 2/6

welfare scheme of the Government or any other organization. Hence, he prayed for grant of bail to the petitioner.

6. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

7. On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only) as non refundable deposit to "District Legal Services Authority, Perambalur", without prejudice to his rights and contentions before the trial Court.

8. Merely because the petitioner deposits 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. Considering the nature of allegation and period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

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10. Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of "District Legal Services Authority, Perambalur", without prejudice to his rights and contentions before the trial Court and 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Kunnam, 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, everyday 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 4/6

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 269 B.N.S.

14.11.2024 ata To

1. The Judicial Magistrate, Kunnam.

2. The Inspector of Police, Kunnam Police Station, Perambalur District.

3. The Central Prison, Tiruchirapalli.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA,J.

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