Prakash @ Kakka Prakash v. State Rep By

C.V.KARTHIKEYAN,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(aaa), 4(1-A) TNP Transporting Act and subsequently, altered to Section 4(1)(aaa), TNP Transporting Act, in Crime No.621 of 2023, seeks anticipatory bail.

2.It is stated that the petitioner along with other accused were found in possession of 576 bottles of liquor, each containing 180 ml, which had been seized. It is also stated that the other accused had been arrested and had been released on bail. But however, it is stated that there are 13 previous cases against the petitioner. 3.The earlier application seeking anticipatory bail was dismissed by this Court in Crl.O.P.No.28399 of 2023 on 05.01.2024. 4.Taking all the factors into consideration, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned

District Munsif cum Judicial Magistrate, Cheyyur, on condition that the petitioner 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 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 deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) as non refundable deposit to the credit of the Dean, Government General Hospital, Chengalpet for treatment of needy patients within a period of two weeks from the date of receipt of a copy of this order.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[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 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 absconds, a fresh FIR can be registered under Section 229A IPC.

02.02.2024 vkr C.V.KARTHIKEYAN,J.

vkr 02.02.2024