Paramasithanandame @ Seetha v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the First day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4852 of 2022 PARAMASITHANANDAME @ SEETHA [ PETITIONER / ACCUSED ] Vs STATE OF TAMILNADU [ RESPONDENT ] REP.BY THE INSPECTOR OF POLICE, VANUR POLICE STATION, VILLUPURAM DISTRICT.
(CRIME NO.335 OF 2021) For Petitioner : M/S.RKM.SURESH Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 4(1) (a) and 4(1-A) of Tamil Nadu Prohibition Act, 1937 in Crime No.335 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 24.11.2021, when the respondent police were on the regular patrol duty, they found that one Murthy was in illegal possession of 20 litres of liquors and on enquiry, the respondent police came to know that the arrack belong to the petitioner/A2. Hence, the complaint.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent opposed for granting anticipatory bail to the petitioner by stating that the petitioner was in illegal possession of 20 litres of liquors and the same was seized by the respondent police.
5. Considering the facts and circumstances of the case and considering the rival submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned District Munsif/Judicial Magistrate Court, Vanur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:
(a) the petitioner 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 petitioner shall report before the Investigation Officer daily at 10.30 a.m., until further orders.
(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/- 01/03/2022 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 DISTRICT MUNSIF/ JUDICIAL MAGISTRATE, VANUR.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, VANUR POLICE STATION, VILLUPURAM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.RKM.SURESH Advocate on payment of necessary charges SR.NO.3259 CRL OP.4852/2022 Date :01/03/2022 JPA 04/03/2022