Santhi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.1613 of 2021 Santhi ... Petitioner Vs.

The State Rep. by ... Respondent The Inspector of Police, PEW Attur Police Station, Salem District.

(Crime No.10 of 2021) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.10 of 2021 pending investigation on the file of the Respondent. For Petitioner : Mr. T. Ganesan For Respondent : Mr.M. Prabavathi, APP

ORDER

(The case has been heard through video conference) Petitioner, who was arrested and remanded to judicial custody on 03.01.2021 for the offence punishable under Sections 4(1)(i), 4 (1)(aaa) and 4(1-A) of TN Prohibition Act in Crime No.10 of 2021, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 105 liters of ID Arrack.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been implicated in this case for statistical purpose. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that case properties were recovered and the petitioner was involved in one previous case, similar in nature. Hence, she opposed to grant bail to the petitioner.

5. Considering the said facts and circumstances of the case and and also the fact that entire contraband has been recovered and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

(a) Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Judicial Magistrate No.II, Attur, and on further conditions that:

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate 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 for interrogation.

(d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g) on breach of any of the aforesaid conditions, the learned Judicial 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];

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 03/02/2021 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 JUDICIAL MAGISTRATE, NO.II, ATTUR.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, PEW ATTUR POLICE STATION, SALEM.

5 THE OFFICER INCHARGE SUB-JAIL FOR WOMEN, SALEM.

CC to M/S.T.GANESAN Advocate on payment of necessary charges CRL OP.1613/2021 Date :03/02/2021 TA-04/02/2021