Allowed

Jarge v. State Rep.by

Madras HC4 Sept 2020CRL OP/13053/2020

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras granted bail to the petitioner, who was in judicial custody for illegal possession of I.D. Arrack under the Tamil Nadu Prohibition Act, imposing conditions including a deposit to the Chief Minister's Public Relief Fund and daily police reporting.

What did the court decide?

Petitioner released on bail with a condition to make a non-refundable deposit of Rs.10,000 to the Chief Minister's Public Relief Fund, execute own bond, and provide two sureties within two weeks.

Jarge Vs State Rep.by — Bail and Remand | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 04.09.2020

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CORAM :

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THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.13053 of 2020

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Jarge ... Petitioner Vs. The State rep. by ... Respondent The Inspector of Police P.E.W. R.K. Pet Police Station Thiruvallur District (Crime No.259 of 2020) PRAYER : Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.259 of 2020 pending on the file of the Respondent Police. For Petitioner : Mr.M.Rajinikanth For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side) ORDER (The case has been heard through video conference)

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The petitioner, who was arrested and remanded to judicial custody on 11.06.2020 for the offences punishable under Section 4(1) (aaa), 4(1)(g), 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.259 of 2020, seeks bail.

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2 . The case of the prosecution is that the petitioner was illegally found in possession of 105 litres of I.D. Arrack. The same was seized by the respondent police.

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3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and there is no previous cases. On instruction, he would further submit that without prejudice to his defence, the petitioner is prepared to deposit considerable amount to any charitable Organization or Association, and that the petitioner has been suffering incarceration from 11.06.2020. Hence, he prays to grant bail to the petitioner.

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https://hcservices.ecourts.gov.in/hcservices/

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4.The learned Government Advocate (Crl. Side) would submit that the petitioner was illegally found in possession of 55 litres of I.D. Arrack and there is no previous case pending against the petitioner. However he opposed for the grant of bail to the petitioner.

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5.Taking into consideration of the facts and circumstances and also considering the submissions made by the learned counsels and also the fact the petitioner is in custody from 11.06.2020, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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(a) Accordingly, the petitioner is ordered to be released on bail on condition to make a non refundable deposit of Rs.10,000/(Rupees Ten Thousand only) to the Joint Secretary & Treasurer, Chief Minister's Public Relief Fund, Finance (CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009, Tamil Nadu, India, e-mail: [email protected] or by Electronic Clearing System (ECS) to Indian Overseas Bank, Secretariat Branch, Chennai 600 009, S.B.Account No.11720 10000 00070, IFS Code IOBA0001172, CMPRF PAN: AAAGC0038F, on such deposit and production of proof and also on condition to execute 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 and thereafter on his release;

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(b) the petitioner shall within a period of two weeks after lifting of lockdown or the commencement of the Court’s normal functioning whichever is earlier, execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the learned Judicial Magistrate, Thiruttani, failing which the bail granted by this Court shall stand dismissed automatically;

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(c) Merely, because the petitioner deposits the said amount, it would not amount to admission of her guilt. Therefore, it is open to the trial Court to deal with the case independently.

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(d) 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;

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(e) the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

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(f) the petitioner shall not commit any offences of similar nature;

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(g) the petitioner shall not abscond either during investigation or trial;

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(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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https://hcservices.ecourts.gov.in/hcservices/

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(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 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];

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(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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6. With the above directions, this Criminal Original Petition is ordered.

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-sd/-

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04/09/2020 This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE JUDICIAL MAGISTRATE THIRUTTANI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 4 THE INSPECTOR OF POLICE, P.E.W. R.K. PET POLICE STATION, THIRUVALLUR DISTRICT.

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5 THE SUPERINTENDENT CENTRAL PRISON, PUZHAL 6 THE JOINT SECRETARY & TREASURE CHIEF MINISTERS PUBLIC RELIEF FUND, FINANCE (CMPRF) DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 600 009, TAMIL NADU, INDIA, E-MAIL: [email protected] OR BY ELECTRONIC CLEARING SYSTEM (ECS) TO INDIAN OVERSEAS BANK, SECRETARIAT BRANCH, CHENNAI 600 009, S.B.ACCOUNT NO.11720 10000 00070, IFS CODE IOBA0001172, CMPRF PAN: AAAGC0038F,

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https://hcservices.ecourts.gov.in/hcservices/

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CC to M/S.M.RAJINIKANTH Advocate on payment of necessary charges

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CRL OP.13053/2020 Date :04/09/2020

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TA-09/09/2020

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https://hcservices.ecourts.gov.in/hcservices/

Jarge v. State Rep.by

Case brief

What is this about?

What did the court decide?

Jarge v. State Rep.by

Case brief

What is this about?

What did the court decide?

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