Ajith Kumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM:

THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN Crl.O.P.No.4798 of 2022 Ajith Kumar ... Petitioner Vs.

The State rep. by The Sub-Inspector of Police, Valappady Police Station, Valappady, Salem Distirct.

(Crime No.30 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.30 of 2022 on the file of the respondent police.

For Petitioner : M/s.C.ANBU For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.01.2022 for the offences punishable under Sections 4(1)(aaa) and 4(1-A) of TN Prohibition Act of IPC in Crime No.30 of 2022, on the file of the respondent police, seeks bail.

2.Learned Public Prosecutor submitted that in connection with the seizure of 110 Litres of I.D. Arrack, this petitioner was arrested on 20.01.2022 by the respondent police. The petitioner got no previous case and the investigation in this case substantially completed. Hence, this Court is inclined to grant bail to the petitioner subject to certain conditions.

3.

Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) 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 Judicial Magistrate, Vazhapadi.

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner is directed to appear before the Investigating Officer daily at 10.30 a.m. until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) on breach of any of the aforesaid conditions, the learned Judicial 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.

-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 JUDICIAL MAGISTRATE, VALAPPADDY

THE CHIEF JUDICIAL MAGISTRATE, SALEM [FOR INFORMATION] 3 THE SUB-INSPECTOR OF POLICE, VALAPPADY POLICE STATION, VALAPADDY, SALEM DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.C.ANBU Advocate on payment of necessary charges SR.NO.3104 CRL OP.4798/2022 Date :01/03/2022 JPA 02/03/2022