Madras High CourtCRL OP/12788/2016granted

M.Devaki v. State Rep.By

2016-06-20Honourable Mr Justice S. Vaidyanathan2 pages

Crl.O.P.No.12788 of 2016 S.VAIDYANATHAN,J.

The petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1-A), 4(1-aaa) of TNP Act, in Crime No.94 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in possession of 105 litres of I.D. arrack illegally.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in the case and he has nothing to do with the alleged offence.

4. The learned Government Advocate (Crl. side) would submit that the petitioner has no previous case and that the entire contraband were seized.

5. Considering the facts and circumstances of the case and further considering that the entire contraband were seized, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. In such circumstances, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-I, Villupuram, on executing a bond for a sum of Rs.10,000/-

S.VAIDYANATHAN, J kal (Rupees Ten 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 shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial. [c] the petitioner shall not abscond either during investigation or trial.

[d] 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].

20.06.2016 kal Crl.O.P.No.12788 of 2016