Ramesh v. The Sub-Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.01.2025
CORAM
THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA V.Ramesh ....
Petitioner Vs The Sub Inspector of Police, J8, Neelankarai Police Station, Adyar District.
Crime No.502 of 2024 ....
Respondent Prayer: Criminal Original Petition is filed under Section 482 of of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest in Crime No. 502 of 2024 on the file of the respondent police.
For Petitioner :
Mr.Muthu Krishnan T For Respondent :
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
Apprehending arrest in connection with Crime No. 502 of 2024 registered for the offences punishable under Sections 4(1)(a), 24 of TN Prohibition Act r/w.4(1)(C) of the Tamil Nadu Prohibition (Amendment) Act, 2024, the present petition has been filed seeking anticipatory bail.
2. According to the prosecution, when the respondent police along 1/4
with other officials went to patrol at Enjambakkam, the 1st accused was found to be in possession of 15 bottles of Old Chef Brandy bottles each containing 180 ml. The petitioner was added as A2 based on the confession made by A1. Hence the complaint.
3. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the petitioner is no way connected to the allegations as alleged by the prosecution. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
4. The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the petitioner (A1) is the owner of A2. A2 was found to be in possession of 15 bottles of Old Chef Brandy bottles each containing 180 ml. On the confession statement given by A1, the petitioner was added an accused. He further submitted that the petitioner has no previous cases pending against him.
5. Having heard the learned counsel for the petitioner and the 2/4
learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he 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 of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Sholinganallur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent Police on everyday at 06.30 p.m., until further orders. [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;
A.D.JAGADISH CHANDIRA,J.
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[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 269 of BNS.
24.01.2025 Index : Yes/No Internet : Yes/No Lpp To 1.The Sub Inspector of Police, J8, Neelankarai Police Station, Adyar District.
2.The Public Prosecutor, High Court, Madras.
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