Perumal v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6256 of 2022 Perumal .. Petitioner Vs.
State rep. by The Inspector of Police, Kolathur Police Station, Salem District.
(Crime No.54 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.54 of 2022 on the file of Respondent of police.
For Petitioner : Mr.C.Deepak Kumar For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioner, who was arrested on 23.02.2022 for the offences punishable under Sections 4(1)(a), 4(1-A) of Tamil Nadu Prohibition Act in Crime No.54 of 2022, on the file of the respondent police, seeks bail.
2. Learned Additional Public Prosecutor appearing for the respondent submitted that there are totally three accused and the petitioner who is the first accused was arrested on 23.02.2022 for illegal possession of Karnataka liquors 180 ml Bangalore Wisky 96 bottles, 1000 ml Old Admiral, Brandy 5 bottles and 1000 ml Top Star Brandy.
3. Considering, the submissions made by the petitioner herein and the learned Additional Public Prosecutor, this Court grants bail to the petitioner herein and he is ordered to be released on bail subject to the following conditions;
(a) The petitioner shall deposit Rs.50,000/- in Crime No.54 of 2022 and execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Mettur. (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 petitioner is directed to report before the Investigating Officer as and when required.
(d) the petitioner 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/- 17/03/2022 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.I, METTUR, SALEM DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
4 THE INSPECTOR OF POLICE, KOLATHUR POLICE STATION, SALEM DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.C.DEEPAK KUMAR Advocate on payment of necessary charges SR.NO. 4104 CRL OP.6256/2022 Date :17/03/2022 RW 21/03/2022