Chandru v. State Rep By

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 4(1)(aaa) and 4(1-A)(i) of Tamil Nadu Prohibition Act and 420, 468, 471 of IPC, in Crime No.59 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.It is the case of the prosecution that, on 03.02.2023, when the respondent police were in patrol, they found 3696 bottles of Pearl & Honey Day Brandy, each containing 180 ml and 48 bottles of Top star Brandy, each containing 180 ml from the petitioner's house. Hence, the case. 3.The learned counsel appearing for the petitioner would that the petitioner is an innocent person and he has been falsely implicated in this case. However, on instructions, the learned counsel submitted that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.10,000/- to the credit of the Registered Advocates Clerks Association, Kancheepuram. Hence, he prays for grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that, on 03.02.2023, the respondent police found illegal possession of 3696 bottles of Pearl & Honey Day Brandy, each containing 180 ml and 48 bottles of Top star Brandy, each containing 180ml from the petitioner's house. He would also submit that there is one previous case similar in nature pending against the petitioner. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is ready to willing to deposit a sum of Rs.10,000/- to the credit of the Registered Advocates Clerks Association, Kancheepuram, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate-I, Chengalpattu, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the Page No.2/4

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 is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Registered Advocates Clerks Association, Kancheepuram within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below;

[b] 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;

[c] the petitioner is directed to report before the respondent police on every Saturday at 10.30 a.m., for a period of eight (8) weeks;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; Page No.3/4

T.V.THAMILSELVI,J.

sp [e] the petitioner shall not abscond either during investigation or trial;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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