Solairaj vs State

s

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 14.12.2022 for the alleged offence under Section 135 of Customs Act, 1962 in R.R. No.30 of 2022 on the file of the respondent police, seeks bail. This Court by order dated 04.01.2023 granted interim bail to the petitioner with certain conditions.

2.Today the matter is came up for hearing under the caption for reporting compliance.

3.When the matter is taken up for hearing the learned counsel appearing for the petitioner submitted that the petitioner had complied the order dated 04.01.2023 passed by this Court in Crl.O.P.No.109 of 2023. Hence prays for grant of bail to the petitioner.

4.The learned Special Public Prosecutor submitted that if the petitioner is released on bail, he would tamper the witnesses and hamper the investigation. Hence he vehemently opposed to grant bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Special Public Prosecutor for the respondent and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and taking note of the fact that the petitioner had complied with the order dated 04.01.2023 passed by this Court in Crl.O.P.No.109 of 2023. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, , on condition that 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, of whom one surety must be a blood relative and each for a like sum to the satisfaction of the learned Additional Chief Metropolitan Magistrate [E.O.I] Egmore, Chennai, and on further conditions that:

[a] 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;

[b] the petitioner shall report before the respondent Police first and third Monday of every month at 10.30 a.m. for a period of three months and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] 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];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.