Allowed

K.Sathish v. the State Rep by

Madras HC2 Sept 2021CRL OP/15766/2021

Case brief

AI extract

What is this about?

This single judge order granted bail to the petitioner, a tobacco smuggler charged with offences including cheating under the IPC and COTPA. The court imposed conditions requiring a deposit for school rehabilitation and daily police reporting.

What did the court decide?

Petitioner ordered released on bail on Rs. 10,000 bond with two sureties; ordered to deposit Rs. 25,000 for school rehabilitation and report daily.

K.Sathish Vs the State Rep by — Narcotics (NDPS) | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.09.2021

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CORAM:

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THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.15766 of 2021

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K.Sathish ... Petitioner

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Vs.

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The State of Tamil Nadu, Rep by the Inspector of Police, Valathy Police Station, Villupuram District. (Crime No.349 of 2021) ... Respondent

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PRAYER:Criminal Original Petition has been filed under Section 439 of Cr.P.C,prayed to enlarge the petitioner on bail,pending investigation in Crime No.349 of 2021 on the file of the respondent police.

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For Petitioner : Mr.C.K.M.Appaji

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For Respondent : Mr.A.Gopinath Government Advocate (Crl side)

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ORDER

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The petitioner who was arrested on 20.06.2021 and remanded to judicial custody for the offence under Sections 294(b), 353, 307, 328, 506(1) IPC and 6(b), 24(1) COTPA Act. in Crime No.349 of 2021 on the file of the respondent police, seeks bail.

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The case of the prosecution is that the petitioner along with other accused persons had transported banned tobacco products viz., 40 gunny bags containing 62,000 Hans packets, 3 White gunny bags containing 14,700 Vimal Pan Masala packets. Hence, the complaint.

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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 20.06.2021. He further submits that earlier occasion the petitioner filed a bail application before this Court in Crl.O.P.No.14098 of 2021, however, inadvertently the name of the Respondent has been wrongly typed as CCB Job Rocketing Team-9, Vepery instead of the Inspector of Police, Valathy Police Station, Villupuram District. Therefore, he could not able to execute the sureties. Hence, the present petition has been filed. However, on instructions, the learned counsel further submitted that the

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

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petitioner, without prejudice to his rights, on his own volition, is ready and willing to contribute a sum of Rs.25,000/- for the purpose of improving and maintaining the Government Schools. Therefore, he prays to grant bail to the petitioner.

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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,Gingee,and on further condition that:

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(a) the petitioner 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 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 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;

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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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02/09/2021

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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. TO

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1 THE JUDICIAL MAGISTRATE, GINGEE

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2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM(FOR INFORMATION)

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3 INSPECTOR OF POLICE, VALATHY POLICE STATION, VILLUPURAM DISTRICT.

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4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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5 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE

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6 THE CHIEF EDUCATION OFFICER, KRISHNGIRI DISTRICT.

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CC to M/S.C.K.M.APPAJI Advocate on payment of necessary charges Sr.9436

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CRL OP.15766/2021 Date :02/09/2021 RVR 03/09/2021

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

K.Sathish v. the State Rep by

Case brief

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K.Sathish v. the State Rep by

Case brief

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