DATED: 31.08.2023
CORAM: THE HON’BLE MR.JUSTICE P.DHANABAL
Crl.O.P.(MD)No.15809 of 2023
Introduction:
The case of Ramasamy vs. The State of Tamil Nadu revolves around a Criminal Original Petition (Crl.O.P.) filed under Section 439(1)(b) of the Code of Criminal Procedure. The petitioner, Ramasamy, sought the modification of a bail condition imposed by the Principal District and Sessions Judge, Virudhunagar District. The condition required Ramasamy to deposit a substantial sum of money with the District Mediation Centre and the Chief Civil Surgeon Medical Officer. The case involves allegations of illegal possession of tobacco and violations of the Cigarette and Other Tobacco Products Act.
Factual Background:
On July 30, 2023, at approximately 6:00 AM, the petitioner, Ramasamy, was riding a two-wheeler with another individual, referred to as A2, as the pillion rider. They were stopped by the police during a routine check, and upon searching the vehicle, the police found them in possession of 17 kilograms of tobacco valued at Rs. 17,430. As a result, a case under Sections 328 IPC (related to causing hurt by means of poison) and the Cigarette and Other Tobacco Products Act was registered as Crime No. 302 of 2023. Both the petitioner and A2 were arrested and subsequently remanded to judicial custody.
The petitioner filed a bail application in Cr.M.P.No.4099 of 2023 before the Principal District and Sessions Judge, Virudhunagar District, at Srivilliputtur. On August 14, 2023, the learned Judge granted bail to the petitioner, but it was subject to the condition that he must deposit Rs. 2,00,000 with the District Mediation Centre, Virudhunagar District, and an additional Rs. 1,00,000 in the name of the Chief Civil Surgeon Medical Officer, Srivilliputtur, through a specific bank account.
The petitioner, being a daily wage coolie worker with family dependents, found these conditions financially burdensome and unmanageable. Consequently, he filed the present Criminal Original Petition to seek the modification of these conditions.
Key Arguments:
Petitioner’s Submission: The counsel for the petitioner argued that the conditions imposed by the trial court were excessively onerous, given the petitioner’s economic circumstances and the nature of the alleged offense. They contended that the petitioner’s family depended on his daily wages, and he would be unable to comply with the substantial financial requirements.
State’s Response: The Additional Public Prosecutor representing the State opposed the modification of the bail conditions, arguing that the substantial seizure of 17 kilograms of tobacco warranted the imposition of strict conditions. They argued that the trial court’s decision should not be interfered with.
Court’s Analysis and Decision:
After considering the arguments put forth by both sides and reviewing the available evidence, the Honorable Mr. Justice P. Dhanabal delivered the order.
The court acknowledged the value of the seized tobacco and the seriousness of the alleged offense. However, it also considered the financial circumstances of the petitioner, who was a daily wage earner supporting his family. The conditions imposed by the trial court, which required the deposit of significant sums of money, were found to be excessively burdensome and likely to cause undue hardship to the petitioner.
In light of these considerations, the court decided to set aside the condition (i) imposed by the Principal District and Sessions Judge, Virudhunagar District, in Cr.M.P.No.4099 of 2023 dated August 14, 2023. The other conditions of bail remained unaltered.
Conclusion:
The judgment in the case of Ramasamy vs. The State of Tamil Nadu highlights the importance of striking a balance between imposing bail conditions that ensure the accused’s appearance in court and preventing undue hardship. While the court recognized the seriousness of the alleged offense, it also took into account the financial situation of the petitioner and decided to modify the bail conditions accordingly. This case analysis underscores the role of the judiciary in safeguarding the rights of accused individuals while upholding the principles of justice.
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Written by- Shreeya S Shekar
