Govindan v. The Inspector Of Police,
C.V.KARTHIKEYAN , J.
The petitioner/accused seeks anticipatory bail in Crime No.223 of 2023 registered by the respondent Police for the offences punishable under Sections 4(1-A), 4(1) (a), 4(1)(g) of Tamil Nadu Prohibition Act.
2. It is stated that the respondent had seized 25 litres of ID Arrack and 1000 litres of fermented wash. The petitioner had run away.
3. However, taking all the other factors into consideration and that there are two previous cases as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, but however, directing the petitioner to deposit an amount of Rs.25,000/- (Rupees Twenty Five Thousand only) as non refundable deposit to the credit of Crime No.223 of 2023 before the Judicial Magistrate, Sankarapuram. The said amount may be handed over by the Judicial Magistrate, Sankarapuram to the Dean, Government Hospital, Kallakurichi, for treating the needy patients.
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4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Sankarapuram, 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. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. 2/4
[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 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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