Moganraj v. The Inspector Of Police

Crl.O.P.No.2947 of 2024 C.V.KARTHIKEYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(aaa), 14(A) of TNP Act in Crime No.98 of 2024 on the file of the respondent, seeks anticipatory bail.

2.It is stated that the petitioner was found in illegal possession of 264 bottles of liquor in a vehicle bearing Registration No.TN-66-AF0910. The petitioner had actually been secured but owing to his health condition he was not permitted to be in jail by the Jail Superintendent. The petitioner then let out.

3.Considering the above facts and circumstances of the case and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.10,000/- (Rupees Ten Thousand Only) to the 1/4

Dean, Government Medical College and Hospital, Coimbatore, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

4.Accordingly, the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) by way of Demand Draft to the Dean, Government Medical College and Hospital, Coimbatore, and on such deposit 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 Judicial Magistrate - II, Tindivanam, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their 2/4

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 weekly once i.e., on every Monday at 10.30 a.m., for a period of four weeks.

[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].

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

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C.V.KARTHIKEYAN , J.

smv Crl.O.P.No.2947 of 2024 13.02.2024 4/4