Muthuraman v. The Inspector Of Police

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 4(1)(a), 4(1-A) and 24A of TNP Act, in Crime No.566 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that on 19.12.2022, the respondent police conducted a raid at Tasmac Bar with regard to selling of liquor and various liquor bottles are seized from the petitioner. Further it is alleged that the petitioner being the owner of the said bar, the respondent police arrested the petitioner and registered a case against him. Hence the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner was not present in the bar at the time of alleged occurrence and he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner without prejudice his rights, on his own volition, is ready and willing to contribute some amount to any charitable

organization or association as may be directed by this Court and he prays to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner along with other accused persons were allegedly selling of liquor and the various liquor bottles from the Tasmac Bar are seized from the petitioner. He further submits that the investigation is almost completed. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.

5.Taking into consideration the facts of the case and the submissions made by the learned counsels, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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 (15) days from the date of receipt of a copy of this order before the learned Metropolitan Magistrate No.XXIII, Saidapet, Chennai - 15, 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 petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of M/S. The Tamil Nadu Juvenile Justice Fund, A/C No.358001000000671, IFSC: IOBA0001288, MICR: 600020073, Indian Overseas Bank, SME Kilpauk Branch, Address: No.20, Ormes Road, Kilpauk, Chennai - 10 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.

(b)the petitioner and the sureties shall affix their 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;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; T.V.THAMILSELVI, J.

drl [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 has been imposed and the petitioner is 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;

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