Madras High Court
Selvakumar (Male/Aged 35 Years) vs The State Rep. By on 17 June, 2020
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.No.8822 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2020
CORAM
THE HONOURABLE MR.JUSTICE. M.NIRMAL KUMAR
Crl.O.P.No.8822 of 2020
Selvakumar (Male/Aged 35 years)
S/o.Ganesan,
Vilangadu,
Samathuvapuram, Muthupettai Village,
Thiruthuraipoondi Taluk,
Thiruvarur District. … Petitioner
Vs.
The State Rep. By
Inspector of Police,
Muthupettai Police Station,
Thiruvarur District. ... Respondent
(Crime No.216 of 2020)
Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C, to enlarge the
petitioner on bail pending investigation in Crime No.216 of 2020 on the file of the
Inspector of Police, Muthupettai Police Station, Thiruvarur Distrct.
For Petitioner : M/s.Swami Subramanian
For Respondent : Mr.C.Iyyapparaj
Additional Public Prosecutor
ORDER
The petitioner was arrested and remanded to judicial custody on 07.06.2020 for the offence punishable under Section 4(1)(aaa) r/w. 4(1-A)(ii) of TNP Act, in http://www.judis.nic.in 1/5 Crl.O.P.No.8822 of 2020 Crime No.216 of 2020 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 27.03.2020 at about 12 PM, the respondent police was on patrol duty on received a secret information, the petitioner was found in possession of 2160 bottles of brandy on various brands for the purpose of illegal sales on seeing the respondent police, he escaped from the scene of occurrence but they seized the contraband and arrested the petitioner. Hence, the complaint was registered.
3. The learned counsel appearing for the petitioner would submit that the petitioner is 50% of the physically challenged person and he has not involved in any offence as alleged by the prosecution and he has been falsely implicated in this case. Further, he would submit that the petitioner was in judicial custody from 07.06.2020 and seeks bail for the petitioner.
4. The learned Additional Public Prosecutor would submit that in this case huge quantity of 2160 brandy bottles on various brands into the house of the petitioner. He would further submit that the brandy bottles have been seized by the respondent police on a rough estimation worth of Rs.2,00,000/- He would further submit that there is no previous case pending as against the petitioner.
5. Taking into consideration the nature of allegations against the petitioner in the FIR and also taking note of the fact that the petitioner is in judicial custody from http://www.judis.nic.in 2/5 Crl.O.P.No.8822 of 2020 07.06.2020, this Court is inclined to grant bail to the petitioner, subject to the following conditions :
(a) the petitioner shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) to the Cancer Institute (WIA), (Regional Cancer Centre), Adyar, Chennai-600 020 (Bank:Andhra Bank, Madhya Kailash, SB A/c.No.149710011005477) and on such deposit the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only) before the Superintendent of the concerned prison in which the petitioner has been confined on his release;
(b) the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the concerned Magistrate within a period of 15 days from the date of lifting of lockdown and commencement of regular functioning of Court below, failing which the bail granted by this Court shall stand dismissed automatically;
(c) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(d) the petitioner shall report before the respondent police as and when required for interrogation.
(e) the petitioner shall not commit any offences of similar nature;
(f) the petitioner shall not abscond either during investigation or trial;
(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(h) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in http://www.judis.nic.in 3/5 Crl.O.P.No.8822 of 2020 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];
(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
17.06.2020 msrm Internet : Yes/No To
1. The learned Principal Sessions Judge, Thiruvarur. (Dismissal Order)
2. The learned Judicial Magistrate, Thiruthuraipoondi, Thiruvarur District. ( Satisfaction Court)
3. The Inspector of Police, Muthupettai Police Station, Thiruvarur District.
4.The Public Prosecutor, High Court, Madras.
5.The Superintendent Sub-Jail, Mannargudi.
http://www.judis.nic.in 4/5 Crl.O.P.No.8822 of 2020 M.NIRMAL KUMAR, J.
msrm Crl.O.P.No.8822 of 2020 17.06.2020 http://www.judis.nic.in 5/5