Parameswaran v. State Through

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Parameswaran ... Petitioner Vs.

The State represented by The Inspector of Police, G5, Secretariat Colony Police Station, Chennai.

Crime No.265 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.265 of 2023 on the file of the respondent.

For Petitioner : Mr.B.M.Santharam For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner/A2, who was arrested and remanded to judicial custody on 24.11.2023, for the offences registered under Sections 272, 273, 1/4

328 of IPC and 6 r/w 24(1) of COTP Act, in Crime No.265 of 2023 on the file of the respondent Police, seeks bail.

2. The petitioner is arrayed as A2. It is stated that the respondent had seized 550 kgs of banned tobacco products from the house of the petitioner on the confession of A1.

3. It is also stated that A1 had been granted bail by the learned Single Judge of this Court in Crl.O.P.No.29067 of 2023 by an order dated 28.12.2023.

4. Taking into consideration the period of incarceration and all other factors and also considering the quantity of contraband, I am inclined to grant bail to the petitioner subject to the following conditions: 5.Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 II Metropolitan Magistrate, Egmore, Chennai 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. 2/4

[c] the petitioner shall make a non-refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of the Dean, Stanley Government Medical College and Hospital, Chennai, for treatment of needy patients. The petitioner shall deposit the said amount on or before 19.01.2024.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

04.01.2024 vkr To 1.The II Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police, G5, Secretariat Colony Police Station, Chennai.

3/4

C.V.KARTHIKEYAN, J.

vkr 3.The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras. 04.01.2024 4/4