Gomathi v. State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2022

CORAM:

THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.6238 of 2022 1.Gomathi 2.Soniya .. Petitioners Vs.

State rep. by The Inspector of Police, Bargur Police Station, Krishnagiri District.

(Crime No.61 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail pending investigation in Crime No.61 of 2022 on the file of respondent police.

For Petitioners : Mr.M.Jayachandran For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioners/A1 and A2, who were arrested on 07.03.2022 for the offences punishable under Sections 4(1)(b), 4(1)(g), 4(1)(a) r/w 4(1-A) TNP Act in Crime No.61 of 2022, on the file of the respondent police, seeks bail.

2.The allegation against these petitioners is that the petitioners were found in possession of 3 litres of I.D. Arrack and 55 litres of ooral and the petitioners along with the co-accused were arrested on 07.03.2022. They were in custody from 07.03.2022.

3. Learned Additional Public Prosecutor appearing for the respondent reported that there is no previous case against the petitioner.

4.Taking into consideration of the judicial custody of these petitioners and there is no bad antecedence against them, this Court grants bail to the petitioners herein and they are ordered to be released on bail subject to the following conditions; (a) Each of the petitioners 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 learned Judicial Magistrate -I, Krishnagiri.

(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 petitioners are directed to report before the respondent police daily at 10.00 a.m. until further orders. (d) the petitioners 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/- 18/03/2022 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-I, KRISHNAGIRI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, BARGUR POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE SUPERINTENDENT, WOMEN'S PRISON, SALEM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges SR.No.4151 CRL OP.6238/2022 Date :18/03/2022 CSK 18/03/2022