Madras High CourtCRL OP(MD)/5827/2019granted

Gnanatheebam v. The Inspector Of Police

2019-04-24Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.5827 of 2019 GNANATHEEBAM ... PETITIONER / ACCUSED No.2 Vs THE INSPECTOR OF POLICE, GANDHI MARKET POLICE STATION, TRICHY CITY.

Crime No.233/2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.MURALI Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who are apprehending arrest at the hands of the respondent police for the alleged offence under Sections 24(1),6(a) Cigarette and other Tobacco Products Act 2003 and 272,328,353 and 506(ii) of IPC in crime No. 233 of 2019, on the file of the respondent police, seeks anticipatory bail.

2.It is the case of the prosecution that when the flying squad was in duty of vehicle check up, they found 1.5 tonne of banned tobacco products.

3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is innocent person. On instruction, he would further submit that the petitioner is ready to deposit Rs 1,00,000 (One Lakh) to the Government school for the welfare of the students. 4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that investigation is pending.

5. Considering the facts and circumstances of the case and also considering the fact that the petitioner is willing to deposit some amount to the Government school for the welfare of the students, this Court is inclined to grant anticipatory bail to the petitioner with a condition that the petitioner shall take D.D for Rs.1,00,000/- and hand over the Head Master, Government School,

P.ChellandiPalayam, Karur for construction of toilets and bathroom and thereafter sureties shall be accepted.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial MagistrateNo.V, Trichy District on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioner is directed to take D.D for Rs.1,00,000/- and hand over the Head Master, Government School, P.ChellandiPalayam, Karur for construction of toilets and bathroom and after construction of the same proof shall be filed to the CEO. After perusal of copy of DD thereafter sureties shall be accepted.

(b)the petitioner and 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;

(c)the petitioner shall report before the respondent police daily at 10.30 a.m until furthers (d)the petitioner shall not tamper with evidence or witness either during investigation or trial; (e)the petitioner shall not abscond 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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 24/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO V, TRICHY.

2.THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, GANDHI MARKET POLICE STATION, TRICHY CITY.

4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE HEAD MASTER, GOVERNMENT SCHOOL, P.CHELLAPANDIPALAYAM, KARUR.

+1. CC to Mr.M.MURALI Advocate SR.No.7332

ORDER

IN CRL OP(MD) No.5827 of 2019 Date :24/04/2019 TK/JC/SAR-4/26.04.2019/3P/7C