Dharmaraj v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Seventh day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2842 of 2022 1 DHARMARAJ [ PETITIONERS / ACCUSED ] 2 SANGEETHARAJ Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PEW POLICE STATION, AMBATTUR.
CRIME NO.74/2022.
For Petitioner : M/S.R.RAJADURAI, Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offences under sections 4(1), (i), 4(1) (aaa) r/w 24 of TNP ACT, in Crime No.74 of 2022, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on the date of occurrence, the petitioners and with other accused were found in illegal possession of 30 nos. of 180 ml liquor bottles at 3rd Street, Kamaraj Nagar, Avadi. Hence the complaint.
3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any such offences as alleged by the prosecution. He further submitted that they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police raised objection stating that if the petitioners are released on bail, they may try to tamper the witnesses and hamper the investigation. However, he admits that as of now, there is no previous case pending against these petitioners and also submitted that the investigation is almost completed.
5. In view of the above submissions made by the learned counsel appearing for either side and also considering the fact that investigation is almost completed, custodial interrogation may not be necessary for completing the investigation, hence this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner 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 Judicial Magistrate II, Thiruvallur on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a) the petitioners and the sureties shall affix his photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioners shall report before the respondent police daily at 10.00 a.m., until further orders.
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 07/02/2022 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 JUDICIAL MAGISTRATE, NO.II, THIRUVALLUR.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PEW POLICE STATION, AMBATTUR.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.R.PARTHIBAN Advocate on payment of necessary charges SR.NO.2120 CRL OP.2842/2022 Date :07/02/2022 RW 15/02/2022