Madras High CourtCRL OP/2006/2022granted

Duraikuppusamy @ Kuppusamy v. The State Rep By

2022-01-31Honourable Mrs Justice T.V.Thamilselvi3 pages

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.2006 of 2022 Duraikuppusamy @ Kuppusamy

...Petitioner

Vs.

The State Rep by

...Respondent

The Inspector of Police, Arakkonam Town Police Station, Arakkonam.

(Crime No.23 of 2022) 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 connection with the Crime No.23 of 2022 on the file of the respondent police.

For Petitioner : Mr.S.Shankar For Respondent : Mr.N.S.Suganthan, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 4 (1) (k), 4 (1) (aaa), 4 (1-A) of TNP Act in Cr.No.23 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that based on the secret information respondent police found that A1 and the petitioner illegally possessed more than 600 bottles of brandy in his premises. 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 and he further submits that the petitioner is aged about 70 years. However, on his own volition, he is willing to deposit a sum of Rs.10,000/- for the charitable purpose as may be 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 the respondent police recovered 43 bottles from the petitioner 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 age of the petitioner, 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, Arakkonam, 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.

10,000/- (Rupees Ten thousand only) to the Registered Advocates Clerks Association, Chennai, 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;

(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]; and; (g)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, ARAKKONAM, VELLORE.

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

4 THE INSPECTOR OF POLICE, ARAKKONAM TOWN POLICE STATION, ARAKKONAM.

5 THE REGISTERED ADVOCATES CLERKS ASSOCIATION, HIGH COURT, CHENNAI.

+1 CC to M/S.S.SHANKAR Advocate on payment of necessary charges SR.NO.1461 CRL OP.2006/2022 Date :31/01/2022 TA-09/02/2022