Moodak Karthi@Karthikeyan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2021
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.855 of 2021 Moodak Karthi @ Karthikeyan ... Petitioner/ Accused -VsThe State represented by ... Respondent/Complainant The Inspector of Police, Vettaikkaraniruppu Police Station, Nagapattinam District.
(Crime No.664 of 2020) Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Crime No.664 of 2020 on the file of the respondent, the Inspector of Police, Vettaikaraniruppu Police Station, Nagapattinam District.
For Petitioner : Mr.N.Palanivel For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor
ORDER
(Heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(aaa) and r/w 4(1-A) of TNP Act, in Crime No.664 of 2020, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner is in possession of 110 litters of ID Arrack. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case. However, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that the petitioner is illegally found in possession of 110 litters of ID Arrack. He would further submit that there are no previous cases pending as against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.
5. Taking note of the facts and circumstances and the petitioner had no bad antecedents, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions: [a] the petitioner is directed to be released on bail in the event of his arrest or on his appearance and on further condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police 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 daily at 10.30 a.m., for a period of two weeks and thereafter as and when required.
[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 is 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].
[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 22/01/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE DISTRICIT MUNSIF CUM JUDICIAL MAGISTRATE, VEDARANYAM.
2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM [FOR INFORMATION].
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, VETTAIKKARANIRUPPU POLICE STATION, NAGAPATTINAM.
+1 CC to M/S N.PALANIVEL Advocate on payment of necessary charges SR NO. 773 CRL OP.855/2021 Date :22/01/2021 MN-02/02/2021