Sampath v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No. 5601 of 2021 Sampath ... Petitioner -VsThe State Represented by its, Inspector of Police, Dharmapuri Police Station, Dharmapuri District.

(Crime No. 213 of 2021) ... Respondent Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to grant anticipatory bail to the petitioner in the event of his arrest in Crime No.213 of 2021 pending on the file of the respondent police.

For Petitioner :

Mr.B.Gopalakrishnan For Respondent :

Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 4(1)(a) read with 4(1-A) of the Tamil Nadu Prohibition Act, in Crime No. 213 of 2021, on the file of the respondent/Police, seeks anticipatory bail.

2. The case of the prosecution is that on 10.03.2021 while conducting a surprise investigation, the petitioner along with one Seetu (A2), on seeing the police, dropped the hand bag containing 30 liquor bottles and ran away from the place nearby Dharmapuri Jolly Hotel. Hence, a complaint was registered in Crime No. 213 of 2021.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he is no way connected with this crime, not carried any liquor bottles with him and he has been falsely implicated in this case. The learned counsel for the petitioner would further submit that the petitioner is not having any antecedents and would duly abide by the conditions to be imposed by this Court. Hence, he prays for anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent/police would submit that the petitioner was found in illegal possession of 30 liquor bottles and he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and there is no previous case pending as against the petitioner, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate I, Dharmapuri on condition that the petitioner 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 respondent police or the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, this petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] 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;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[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 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.

7. With the above directions, this Criminal Original Petition is ordered.

-sd/- 22/03/2021 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, DHARMAPURI.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, DHARMAPURI POLICE STATION, DHARMAPURI DISTRICT.

+1 CC to M/S. B.GOPALAKRISHNAN Advocate on payment of necessary charges SR.No.3811 CRL OP.5601/2021 Date :22/03/2021 cs 30/03/2021