Kannadasan v. State By Its
Dr.G.JAYACHANDRAN, J., The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 4(1) (A), 4(1) (a) of T.N.P.Act, in Crime No.313 of 2021, on the file of the respondent police, seeks anticipatory bail.
2.
The First Information Report registered by the respondent police indicates that the petitioner alleged to have possessed 20 liters of illicit arrack and on seeing the raiding party, he left the contraband and absconded. 3.
The learned Government Advocate (Crl.Side) submits that the petitioner is an habitual offender and he has four previous cases. 4.
Considering the quantity of the alleged contraband possessed by the petitioner herein, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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5.
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 Judicial Magistrate, Gingee, Villupuram District, 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, failing which the anticipatory bail shall stand cancelled 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 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 Investigating Officer, daily at 10.30 a.m., until further ordres. (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 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) 2/4
AIR SCW 5560]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
04.03.2022 mn/rts 3/4
Dr.G.JAYACHANDRAN,J.
mn 04.03.2022 4/4