Natrajnirmal@Nirmalkumar(Appu) v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1952 of 2022 Natrajnirmal@Nirmalkumar (Appu) ...Petitioner Vs.

State Rep by The Inspector of Police (PEW), Mayiladuthurai Police Station, Mayiladuthurai District.

(Crime No.612 of 2018) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.612 of 2018 on the file of the respondent police.

For Petitioner : Mr.C.T.Saravanan For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Section 4 (1) (aaa) r/w 4 (1-A) of TNP Act in Cr.No.612 of 2018 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused persons illegally transported the 1172 bottles of arrack and 120 litres of pondy arrack. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner has not been committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instruction, the petitioner is willing to pay a sum of Rs.30,000/- as may directed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor on instructions submits that petitioner along with other accused persons illegally transported 1272 bottles of Pondy arrack and 120 litres of pondy arrack and there is no previous case as against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the submissions made by both counsel and also considering the submissions made by the both the counsel and also the fact that the petitioner has willfully and on his own volition agreed to contribute a sum of Rs.30,000/- for charitable purpose, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his 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 - 1, Mayiladuthurai, on condition that the petitioner shall execute a separate 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 is directed to deposit a sum of Rs.

30,000/- to the credit of Registered Advocate Clerk Association, Pondicherry, 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.

(c)the petitioner shall report before the respondent police on every Wednesday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation; (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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 31/01/2022 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, MAYILADUTHURAI.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE (PEW), MAYILADUTHURAI POLICE STATION, MAYILADUTHURAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, PONDICHERRY.

+1 CC to M/S. C.T.SARAVANAN Advocate on payment of necessary charges SR.NO.1596 CRL OP.1952/2022 Date :31/01/2022 RW 09/02/2022