Anand@Shanmugavadivel v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6045 of 2022 ANAND @ SHANMUGAVADIVEL [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PERUGAVAZHANTHAN POLICE STATION, THIRUVARUR DISTRICT (CRIME NO.42 OF 2022) For Petitioner : M/S SWAMISUBRAMANIAN 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 petitioner, who apprehends arrest for the alleged offences under Sections 4(1)(a), 4(1)(i) r/w. 4(1-A) of the Tamil Nadu Prohibition Act in Crime No.42 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein is the second accused in the case, where the respondent police has seized 10 litres of Pondicherry arrack. The first accused was arrested along with the contraband, whereas, this petitioner who is arrayed as A-2, has fled from the scene of occurrence on seeing the raiding party.

3. Taking note of the fact that there is no record of bad antecedents against this petitioner and the quantity of the ideal arrack is 10 litres, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

4. 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-II, Mannargudi, Thiruvarur 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioner and the sureties shall affix his 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 not tamper with evidence or witness either during investigation or trial;

(c)the petitioner shall report before the Investigating Officer as and when required for interrogation;

(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 has 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/- 16/03/2022 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.II, MANNARGUDI, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PERUGAVAZHANTHAN POLICE STATION, THIRUVARUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S SWAMISUBRAMANIAN Advocate on payment of necessary charges SR.NO.4097 CRL OP.6045/2022 Date :16/03/2022 JPA 21/03/2022