Allimuthu v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.1341 of 2022 1.Allimuthu 2.Kuzhanthaivelu ... Petitioners

Versus

The State represented by The Inspector of Police, Kariyakovil Police Station, Salem District.

(Crime No.67 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest in Crime No.67 of 2021 on the file of Kariyakovil Police Station, Salem District.

For Petitioners :

Mr.T.Ganesan For Respondent :

Mr.A.Gokulakrishnan, Additional Public Prosecutor *********

O R D E R

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 4(1)(g) and 4(1)(aaa) of TN Prohibition Act in Crime No.67 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the respondent police register the case in suo motu alleged that on 26.12.2021, while they are in the patrol at Kunnur Village, found two persons were make mix using sticks. While saw the police they ran away from the sport. There the police found that 400 liters of ID Arrack in the process and 110 liters of the ID Arrack in the tube. Hence the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioners was in possession of 400 liters of ID arrack in the process and 110 liters of ID Arrack in the tube. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate No.I, Attur, on condition that the petitioners shall 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 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:

[a] the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Registered Advocate Clerk Association, Attur District within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

[b] the petitioners and 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 petitioners are directed to report before the respondent police on every Tuesday at 10.30 a.m., until further orders; [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory 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 absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 24/01/2022 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 JUDICIAL MAGISTRATE NO.I, ATTUR.

2 THE CHIEF JUDICIAL MAGISTRATE, SALEM DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, KARIYAKOVIL POLICE STATION, SALEM DISTRICT.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

5 THE REGISTERED ADVOCATE CLERKS ASSOCIATION, ATTUR.

CC to M/S. T.GANESAN Advocate on payment of necessary charges CRL OP.1341/2022 Date :24/01/2022 INBA~31/01/2022