Vinayagam v. Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Vinayagam S/o. Appu

...Petitioner/Accused

Vs.

State represented by The Inspector of Police, Ranipet PEW Police Station, Ranipet District.

(Crime No.852 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.852 of 2023 on the file of the respondent police on such terms and conditions. For Petitioner : Ms.S.P.Arthi For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.852 of 2023, registered by the respondent for the offences under Sections 4(1)(a) & 4(1-A)(ii) of TN Prohibition Act. The petitioner had been remanded to custody on 23.12.2023.

2.The petitioner was found in possession of 10 bottles of liquor. 3.The main factor which is stressed by the learned Government Advocate (Crl. Side) for the respondent is that there were 31 previous cases against the petitioner herein. However it is stated by the learned counsel for the petitioner that 10 cases have been disposed of and the rest of the cases are registered for petty offences. 4.Taking into consideration the period of incarceration and all other factors, I am inclined to grant bail to the petitioner subject to the following conditions:

4.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction 2/4

of the District Munsif cum Judicial Magistrate, Arcot, 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 everyday at 10.30 a.m., until further orders. [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 absconds, a fresh FIR can be registered under Section 229A IPC.

19.01.2024 ata C.V.KARTHIKEYAN.

J.

3/4

ata To

1. The District Munsif cum Judicial Magistrate, Arcot.

2. The Central Jail, Vellore.

3.The Inspector of Police, Ranipet PEW Police Station, Ranipet District.

4.The Public Prosecutor, High Court of Madras.

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