Munirathinam vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 05.11.2022 for the offences punishable under Sections 273, 328 IPC and Section 7 and 20(1) of COTPA Act 2003 in Crime No.437 of 2022 on the file of the respondent police seeks bail.

The case of the prosecution is that the petitioner has transported 644 kgs of banned tobacco products in his auto. During enquiry, the petitioner confessed that he has purchased the tobacco products from one Saleem/A2 and supplied the same to various shops for retail shop. Thereafter, the respondent police seized the aforesaid tobacco products. Hence, the complaint.

The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner, on is own volition, is ready and willing to contribute a sum of some amount to any Charitable Purpose as may be directed by this Court. He further submits that the petitioner has been suffering incarceration for more than 35 days from 05.11.2022. Hence, he seeks for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) submits thatthe petitioner has transported 644 kgs of banned tobacco products in his auto which is worth about Rs.4,00,000/- . During enquiry, the petitioner confessed that he has purchased the tobacco products from one Saleem/A2 and supplied the same to various shops for retail shop. Thereafter, the respondent police seized the aforesaid tobacco products. He further submits that there is no previous cases against petitioner and also submits that the investigation was almost completed. Hence, he vehemently opposed to grant bail to the petitioner.

Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner and also the fact that the investigation was almost completed and the petitioner has willfully and on his own volition agreed to contribute some amount for charitable purpose, this court is inclined to grant bail to the petitioner with certain conditions.

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 learned Metropolitan Magistrate-XVII, Saidapet Court, Chennai and on further conditions that:

(a) the petitioner shall make a non-refundable deposit of Rs.50,000/- (Rupees Fifty thousand only) to the credit of Aadharsh Thai Special School, Suramanagalam, Account Name: Aadharshthai Trust A/c No.1219101039722, Canara Bank, IFSC Code:CNRB0001219.

(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 petitioner shall report before the respondent police station on every Wednesday at 10.30 a.m., for a period of three months;

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

(e)the petitioner 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 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;

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