Reena v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.2521 of 2021 Reena ... Petitioner Vs.

State Rep. by ... Respondent The Station House Officer, Puthuchathram Police Station, Cuddalore District.

(Crime No.42 of 2021) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.42 of 2021 on the file of respondent police. For Petitioner : Mr.P.Anbazhagan For Respondent : Mrs.M. Prabavathi, Addl. Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 20.01.2021 for the offence punishable under Sections 4(1-aaa), 4(1-A) of Tamil Nadu Prohibition Act in Crime No.42 of 2021, seeks bail.

2. The case of the prosecution is that on the date of occurrence, when the respondent police was on regular patrolling, the petitioner was found in possession of 150 litres of ID arrack. Hence, a criminal case was registered against the petitioner. Accordingly, she was arrested and remanded to judicial custody on 20.01.2021.

3. The learned counsel appearing for petitioner would submit that she is an innocent person and she has been falsely implicated in the present case. He would submit that she has no bad antecedents and she is in custody from 20.01.2021. Hence, he prayed to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that on the date of occurrence, when the respondent police was on regular patrolling, the petitioner was found in possession of 150 litres of ID arrack. She would submit that the petitioner is having four criminal cases against her. Hence, she opposed to grant bail to the petitioner.

5. Considering the fact that the petitioner was found in possession of only 150 litres of ID arrack, and also considering the period of incarceration suffered by the petitioner from 20.01.2021, 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 District Munsif cum Judicial Magistrate, Portonovo 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, on her release from prison, shall report before the respondent police daily at 10.30 a.m. until further orders;

(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/- 12/02/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PORTONOVO.

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

4 THE STATION HOUSE OFFICE, PUTHUCHATHRAM POLICE STATION, CUDDALORE DISTRICT.

5 THE OFFICER INCHARGE WOMEN SUB JAIL, CUDDALORE.

+1 CC to M/S.P.ANBAZHAGAN Advocate on payment of necessary charges SR.NO.1569 CRL OP.2521/2021 Date :12/02/2021 TA-15/02/2021