Allowed

Karthi v. State Rep by

Madras HC12 Mar 2021CRL OP/4714/2021

Case brief

AI extract

What is this about?

In a bail petition filed under Section 439 CrPC, the petitioner, the driver accused of transporting PDS rice without a license, was denied bail due to pending investigation but the High Court granted bail, considering the petitioner's role as driver and the hardship of incarceration.

What did the court decide?

Petitioner released on bail by executing a separate bond for Rs. 10,000 with two sureties and complying with specified reporting and conduct conditions.

Karthi Vs State Rep by — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 12.03.2021

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CORAM :

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THE HON'BLE MR.JUSTICE V.BHARATHIDASAN

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Crl.O.P.No.4714 of 2021

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Karthi ... Petitioner

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Vs. The State Represented by, ... Respondent The Inspector of Police Civil Supply CID Pollachi Coimbatore District (Crime No.44 of 2021)

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PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail pending investigation in Crime No.44 of 2021 on the file of respondent police. For Petitioner : Mr.W.Camyles Gandhi

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For Respondent : Mr.M.Prabhavathi Additional Public Prosecutor O R D E R

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Petitioner, who was arrested and remanded to judicial custody on 20.02.2021, for the offence punishable under Sections 6(4) of TNSC (RDCS) Order 1982 r/w 7(i)(a)(ii) of E.C Act, 1955 in Crime No.44 of 2021, seeks bail.

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There are totally five accused in this case and the petitioner is A1. The allegation is that all the accused had transported 2300 Kgs of PDS rice illegally, without any valid license. Hence, the crime was registered.

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The learned counsel appearing for the petitioner would submit that the petitioner is the driver of the vehicle. He would further submit that he is not aware of the fact that the rice are PDS rice. He would further submit that the petitioner is in judicial

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

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custody since 20.02.2021. Therefore, he prays to grant bail to the petitioner.

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The learned Additional Public Prosecutor submitted that the petitioner and other accused were illegally transporting 2300 Kgs of PDS rice without obtaining proper license. She further submitted that the owner of the vehicle and other accused were still absconding and the investigation is also pending. Hence, she vehemently opposed for grant of bail to the petitioner.

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Considering the facts and circumstances of the case and also taking note of the fact that the petitioner is the driver of the vehicle, and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner.

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(a) Accordingly, the petitioner is ordered to be released on bail on condition to execute a separate 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 No.IV, Coimbatore, and on further conditions that:

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(b) 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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(d) the petitioner shall not commit any offences of similar

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nature;

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

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

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

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

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

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-sd/-

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12/03/2021

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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, NO.IV, COIMBATORE. 2 THE CHIEF JUDICIAL MAGISTRATE, COIMBATORE [FOR INFORMATION]. 3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS. 4 THE INSPECTOR OF POLICE, CIVIL SUPPLY CID, POLLACHI, COIMBATORE DISTRICT.

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5 THE OFFICER INCHARGE, CENTRAL JAIL, COIMBATORE.

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+1 CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.3231. CRL OP.4714/2021 Date :12/03/2021

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EP-15/03/2021

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

Karthi v. State Rep by

Case brief

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Karthi v. State Rep by

Case brief

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