Parthiban v. State Rep. By

Crl.O.P.No.1112 of 2024 C.V.KARTHIKEYAN,J.

The petitioner in Crime No.279 of 2023 registered by the respondent police for the offences punishable under Sections 4(1)(a) and 4(1)(A) of TNP Act seeks anticipatory bail .

2. It is the case of the prosecution that on 23.10.2023, the respondent on patrol duty, found that the petitioner standing with a white colour bag. The petitioner ran away. It is stated that the bag contained a lorry tube containing 20 litres of ID Arrack. There are two previous cases against the petitioner.

3. Taking all factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

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4. Accordingly, the petitioner shall deposit a sum of Rs.10,000/- [Rupees Ten Thousand Only] to the credit of the Dean, Government General Hospital & Medical College, Thirupathur, for treatment of needy patients and on such deposit and the production of proof, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready,, before the learned Judicial Magistrate-III, Thirupattur on condition that the petitioner shall execute a 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:

[a] the petitioner 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. [b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. 2/4

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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.

30.01.2024 Vv C.V.KARTHIKEYAN,J.

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Vv Crl.O.P.No.1112 of 2024 30.01.2024 4/4