Senthamilselvan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Third day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4518 of 2022 1 SENTHAMILSELVAN [ PETITIONERS / ACCUSED ] 2 SILAMBARASAN Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PEW CHIDAMBARAM POLICE STATION, CUDDALORE DISTRICT.

(CRIME NO.111 OF 2020) For Petitioner : M/S.C.GANESH PANDIAN 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 petitioners apprehend arrest by the respondent police for the offences punishable under Sections 4(1-A) 4(1)(aaa), 4(1)(g) of Tamil Nadu Prohibition Act, in Crime No.111 of 2020 are before this Court seeking anticipatory bail.

2.

The First Information Report registered by the respondent police indicates that the raid team has identified the spot of ruin, based on the confession statement given by one of the accused, from whom 30 liters of ID arrack was seized. The petitioners herein are implicated by the co-accused in his confession statement. 3.

Heard the learned counsel appearing for the petitioners, learned Government Advocate (Crl. Side) appearing for the respondent Police.

4.

Considering the fact that there is no bad antecedent about this petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

5.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven working days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.I,Chidambaram, on condition that each of the petitioners shall execute a bond for a sum of Rs.50,000/-(Rupees fifty thousand only), with two sureties, each for a like sum to the satisfaction of the learned Magistrate, failing which, the anticipatory bail shall stand cancelled and on further condition that:

(a) the petitioners and the sureties shall affix their 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 petitioners shall report before the Investigation Officer as and when required.

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners 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]; and; (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 03/03/2022 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.I, CHIDAMBARAM.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PEW CHIDAMBARAM POLICE STATION, CUDDALORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.GANESH PANDIAN Advocate on payment of necessary charges CRL OP.4518/2022 Date :03/03/2022 CSK 14/03/2022