Allowed

Shanmugam v. State Rep by

Madras HC4 Aug 2021CRL OP/13570/2021

Case brief

AI extract

What is this about?

A criminal original petition under Section 439 Cr.P.C. was filed for bail. The High Court, noting the petitioner's incarceration period and lack of prior criminal history, granted bail on personal bond with conditions including a non-refundable deposit to the Chief Educational Officer for school rehabilitation.

What did the court decide?

Petitioner released on bail with conditions: personal bond of Rs.10,000, non-refundable deposit of Rs.50,000 for school improvement, daily police reporting, and restrictions on tampering/absconding.

Shanmugam Vs State Rep by — Service and Employment | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.08.2021

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CORAM: THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.13570 of 2021

Shanmugam

S/o.Muniraj

.. Petitioner

Vs.

State By The Inspector of Police, Marandahalli Police Station, Dharmapuri District. Crime No.302 of 2021. .. Respondent

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PRAYER : Criminal Original petition has been filed under Section 439 of Cr.P.C prayed to grant bail to the petitioner pending investigation in Crime No.302 of 2021 on the file of the respondent police.

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For Petitioner : Mr.M.Jayachandran

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For Respondent : Mr.C.E. Pratap Government Advocate (Criminal Side)

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ORDER

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The petitioner who was arrested on 07.07.2021 and remanded to judicial custody for the offences under Section 420 of IPC r/w 15(3) of Indian Medical Council Act 1956, in Crime No.302 of 2021 on the file of the respondent police, seek bail.

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The case of the prosecution is that the petitioner is running a pharmacy and giving allopathy medical treatment without eligibility and the Registration Certificate is also a forged one. Hence, the complaint was registered.

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The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 07.07.2021. However, on instructions, the learned counsel further submitted that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.50,000/- for the purpose of improving and maintaining the Government Schools. Therefore, he prays to grant bail to the petitioner.

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

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The learned Government Advocate (Crl.Side) appearing for the respondent submits that there is no previous case pending as against the petitioner. However, he vehemently opposed for grant of bail to the petitioner.

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Considering the period of incarceration suffered by the petitioner and there is no previous case pending as against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions:

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Accordingly, 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, Palacode, and on further condition that:

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(a) the petitioner shall make a non-refundable deposit of Rs.50,000/- (Rupees Fifty thousand only) to the credit of the Chief Educational Officer, Dharmapuri District for the rehabilitation and improvement of the basic needs of the Government Schools in the said District under necessary acknowledgement, without prejudice to his defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgement, shall accept the sureties furnished by the petitioner;

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(b)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;

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(c)the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders;

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

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

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(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;

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

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

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In the result, this Criminal Original Petition is ordered and

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the Chief Educational Officer shall submit the necessary proof with regard to the expenditure incurred for the improvement/rehabilitation of the Schools in the District before the Director of School Education as and when such works are completed by utilising the money as ordered by this Court.

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-sd/-

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04/08/2021

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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.

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1 THE JUDICIAL MAGISTRATE, PALACODE.

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2 THE CHIEF JUDICIAL MAGISTRATE DHARAMAPURI [FOR INFORMATION].

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3 THE INSPECTOR OF POLICE, MARANDAHALLI POLICE STATION, DHARAPURAI DISTRICT.

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4 THE OFFICER INCHARGE, SUB JAIL, DHARMAPURI. 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 6 THE CHIEF EDUCATIONAL OFFICER DHARMAPURI DISTRICT. CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges

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CRL OP.13570/2021 Date :04/08/2021 JPA 05/08/2021

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

Shanmugam v. State Rep by

Case brief

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Shanmugam v. State Rep by

Case brief

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