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Madras High CourtCRL OP/3014/2024granted

Ananth v. State Rep. By Its

2024-02-13Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN,J.

The petitioner/A4 seeks anticipatory bail in Crime No.21 of 2024 registered by the respondent police for the offences punishable under Sections 4(1)(aaa) of Tamil Nadu Prohibition Act, Section 353 and 506(i) of IPC.

2. It is stated that A3 is absconding. A1 and A2 had been arrested and granted bail. It is stated that the actual seizure from the house of the petitioner was 99.46 litres of illicit arrack. It had been however stated in the FIR that it is 315 litres.

3. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

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4. Accordingly, the petitioner shall make a non-refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of the Dean, Government Stanley Hospital & Medical College, Chennai, for treatment of needy patients and on such deposit and the production of proof, 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 on which the order copy made ready, before the learned Metropolitan Magistrate-XVI, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) with two sureties 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate 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 everyday at 10.30 a.m., until further orders. 2/4

[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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN,J.

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