Allowed

Venkatesh v. State Rep by

Madras HC8 Oct 2021CRL OP/19197/2021

Case brief

AI extract

What is this about?

The High Court of Madras granted bail to the petitioner, illegally detained under the Cigarette and Tobacco Products Act, who offered a deposit for school rehabilitation. Bail was subject to strict conditions including daily reporting, non-absconding, and a non-refundable deposit managed by the Chief Educational Officer.

What did the court decide?

Petitioner released on bail, ordered to make a non-refundable deposit of Rs.25,000 for school rehabilitation, execute bond with two sureties, and adhere to strict reporting and non-absconding conditio

Venkatesh Vs State Rep by — Cheque Dishonour | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.10.2021

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CORAM:

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THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.19197 of 2021

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Venkatesh

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... Petitioner Vs.

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State Rep by Inspector of Police, Sipcot Police Station, Krishnagiri District (Crime No.413 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 in connection with the case in Crime No.413 of 2021 pending investigation on the file of the respondent police.

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For Petitioner : Mr.E. Kannadasan

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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 01.10.2021 and remanded to judicial custody for the offence under Section 328 of I.P.C r/w Section 7 and 20(1) of the Cigarette and other Tobacco Products Acts , 2003 in Crime No.413 of 2021 on the file of the respondent police, seeks bail .

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The case of the prosecution is that the petitioner was found in illegal possession of 4,924 kgs of Hans which is a banned tobacco products worth about Rs.3,075/-. 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 01.10.2021. However, on instructions, the learned counsel further submitted that the petitioner, without prejudice 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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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, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Hosur, 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 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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(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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

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In the result, this Criminal Original Petition is ordered and 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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08/10/2021

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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 NO.II, HOSUR.

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2 THE CHIEF JUDICIAL MAGISTRATE, KRISHNAGIRI DISTRICT (FOR INFORMATION).

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3 THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, KRISHNAGIRI DISTRICT.

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4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

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5 THE OFFICER INCHARGE, SUB JAIL, HOSUR.

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6 THE CHIEF EDUCATIONAL OFFICER, KRISHNAGIRI DISTRICT.

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+1 CC to M/S E.KANNADASAN Advocate on payment of necessary charges SR.NO.11300

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CRL OP.19197/2021 Date :08/10/2021

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INBA-08/10/2021

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

Venkatesh v. State Rep by

Case brief

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What did the court decide?

Venkatesh v. State Rep by

Case brief

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