Govindhan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6464 of 2022 Govindhan .. Petitioner Vs.

The State rep. by The Inspector of Police, Kottapatti Police Station, Dharmapuri District.

(Crime No.44 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.44 of 2022 on the file of the respondent police.

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 07.03.2022 for the offences punishable under Sections 4(1) (a) read with 4(1-A) TNP Act in Crime No.44 of 2022, on the file of the respondent police, seeks bail.

2. Learned Additional Public Prosecutor for the respondent submitted that this petitioner was arrested on 07.03.2022 by the respondent police for illegal possession of 20 litres of I.D. arrack. The petitioner got two previous cases and the investigation in this case substantially completed.

3. Considering the above fact, this Court is inclined to grant bail to the petitioner subject to certain conditions. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) 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 learned Judicial Magistrate, Harur. (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 appear before the Investigating Officer daily at 10.30 a.m. until further orders; (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/- 24/03/2022 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, HARUR, DHARMAPURI.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KOTTAPATTI POLICE STATION, DHARMAPURI DISTRICT.

4 THE OFFICER CHARGE, SUB JAIL, DHARMAPURI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.6464/2022 Date :24/03/2022 CSK 25/03/2022