Babu v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2816 of 2022 BABU [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHEYYUR POLICE STATION, CHENGALPET DISTRICT.

CRIME NO.333 OF 2021.

For Petitioner : M/S.P.SURENDRAN, Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under Sections 4(1)(aaa), 4(1)(g) 4(1)(b), 4(1-A) of Tamil Nadu Prohibition Act (Transporting) in Crime No.333 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that when the respondent police and his subordinates were on regular patrol, they found that the petitioner and other person were found in illegal transportation of 20 litres of ID arrack. Hence, the complaint was registered by the respondent police.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offences as alleged by the prosecution. He further submitted that he has been falsely implicated in this case and he is in no way connected with the alleged occurrence. Hence, he pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police raised objection stating that as of now, the investigation is pending. He also submit that the properties which are all involved during the alleged occurrence has been recovered and they are in the custody of the respondent police. 5.Submissions made by the learned Counsels on either sides are considered.

6. The respondent police registered a case against the petitioner for the offence punishable under Sections 4(1)(aaa), 4(1) (g) 4(1)(b), 4(1-A) of Tamil Nadu Prohibition Act. Admittedly, the properties which are required for completing the investigation have already been recovered by the respondent police.

7. Taking note of all the above said aspects into consideration and having regard to the nature of the offence committed by the petitioner, this Court came to the conclusion that for the completion of investigation, custodial interrogation of the petitioner may not be necessary in this case. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 8.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their 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, Cheyyur, on condition that the petitioner shall execute a bond for a sum of Rs.

(b) the petitioner shall report before the respondent police daily at 10.00 a.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;

(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/- 14/02/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, CHEYYUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CHEYYUR POLICE STATION, CHENGALPET DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.V.BHAGIRADHAN Advocate on payment of necessary charges SR.NO.2412 CRL OP.2816/2022 Date :14/02/2022 JPA 18/02/2022