Anantharaju v. State Rep By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventeenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3899 of 2022 ANANTHARAJU [ PETITIONER / ACCUSED ] Vs STATE REP BY THE [ RESPONDENT ] THE INSPECTOR OF POLICE, KEEZHAIYUR POLICE STATION, NAGAPPATTINAM DISTRICT.

(CRIME NO.10 OF 2022) For Petitioner : M/S.P.MUTHAMIZHSELVAKUMAR 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 petitioner, who apprehends arrest for the alleged offences under Sections 4(1)(aaa) r/w 4(1-A) of Tamil Nadu Prohibition Act in Crime No.10 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the respondent police was in regular duty, they found the petitioner standing in a highly suspect manner. Thereafter the petitioner escaped from the place of occurrence leaving a bag consisting of 110 litres of Pondicherry liquor. 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 would further

submit that the petitioner has been falsely implicated in this case and he is no way connected with the alleged occurrence. Hence, he prays 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. However he admits the properties which are involved in the alleged occurrence have been recovered and they are in custody of the respondent police and no previous case as against the petitioner.

5. Submissions made by the learned Counsel appearing on either side are considered.

6. The respondent police registered a case against the petitioner for the offence punishable under Sections 4(1)(aaa) r/w 4 (1-A) of Tamil Nadu Prohibition Act. Admittedly, the petitioner is the first offender and 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 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No-2, Nagapattinam, 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., for a period of 30 days and thereafter, as and when required for investigation.

(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/- 17/02/2022 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, NAGAPATTINAM.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges CRL OP.3899/2022 Date :17/02/2022 RW 22/02/2022