This criminal original petition for bail against illegal possession of tobacco products was allowed. The Court imposed a unique condition requiring a non-refundable deposit of Rs.25,000 for government school improvement.
Petitioners released on bail subject to executing a bond and making a non-refundable deposit of Rs.25,000 for school rehabilitation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.13870 of 2021
Vs.
State by ... Respondent The Inspector of Police, Royakottai Police Station, Krishnagiri District. (Crime No.172 of 2021)
PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in Crime No.172 of 2021 pending investigation on the file of the respondent police.
For Petitioners: Mr.A.Balamurugan
For Respondent : Mr.C.E.Pratap Government Advocate (Crl side)
ORDER
The petitioners who were arrested on 23.07.2021 and remanded to judicial custody for the offences under Sections 273, 328 IPC and Sections 7 and 20(1) of Cigarette and other Tobacco Products Act, 2003, in Crime No.172 of 2021 on the file of the respondent police, seek bail.
(a ) the petitioners shall make a non-refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of the Chief Educational Officer, Krishnagiri District for the rehabilitation and improvement of the basic needs of the Government Schools in the said District under necessary acknowledgement, without prejudice to their 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 petitioners;
(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;
(c)the petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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. https://hcservices.ecourts.gov.in/hcservices/
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
-sd/-
09/08/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE JUDICIAL MAGISTRATE, DENKANIKOTTAI.
2 THE CHIEF JUDICIAL MAGISTRATE, KRISHNAGIRI DISTRICT (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, ROYAKOTTAI POLICE STATION, KRISHNAGIRI DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, DHARMAPURI.
6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. A.BALAMURUGAN Advocate on payment of necessary charges
CRL OP.13870/2021 Date :09/08/2021
INBA 10/08/2021
2 issues framed by the court
Whether the petitioners, incarcerated with no pending prosecution cases prior to bail, are entitled to bail in present proceedings.
Whether a condition imposing a non-refundable deposit for school rehabilitation is permissible in bail application.
Colour shows how this judgement treated each authority
P.K.Shaji Vs. State of KeralaReferred¶24
(2005) AIR SCW 5560 · Who else cites this
3 provisions across 3 enactments
Sabarisan
Venkatesh Babu
State
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M. Dhandapani
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