M.Murali v. The State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Sixteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3708 of 2022 M.MURALI [ PETITIONER / ACCUSED ] Vs THE STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MAMALLAPURAM POLICE STATION, PEW, CHENGALPATTU DISTRICT.
(CRIME NO.988/2021) For Petitioner : M/S.G.ANBARASU 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-A) of Tamil Nadu Prohibition Act 6 and 11 of RS Rules 2000 (Transporting) in Crime No.988 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that when the respondent police along with his subordinates were in regular patrol, they found that the petitioner was in illegal transportation of 105 litres of ID arrack were in three 35 litres white can were in the car. Further, the petitioner had left the car and flew away from the place of occurrence. Hence, the complaint was registered by the Law Enforcing Agency.
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 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 submits that the properties which are all involved during the alleged occurrence have been recovered and it is in the custody of the respondent police.
5. Submissions made by the learned counsels appearing 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-A) of Tamil Nadu Prohibition Act 6 and 11 of RS Rules 2000 (Transporting). Admittedly, the properties which are required for completing the investigation have already been recovered by the respondent police. Hence, custodial interrogation may not be necessary for completing the investigation.
7. Taking all the above aspects into consideration, this Court is inclined to grant bail to the petitioner.
8. 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 learned District Munsiff cum Judicial Magistrate, Thirukkalikundram, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 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 petitioner shall report before the respondent police daily at 10.00 a.m., for a period of thirty(30) days and thereafter as and when required for interrogation.
(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/- 16/02/2022 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 MUNSIFF CUM JUDICIAL MAGISTRATE, THIRUKKALIKUNDRAM.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MAMALLAPURAM POLICE STATION, PEW, CHENGALPATTU DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.G.ANBARASU Advocate on payment of necessary charges SR.No.2414 CRL OP.3708/2022 Date :16/02/2022 CSK 21/02/2022