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Madras High CourtCRL OP/5757/2024granted

Alaudin.A v. Inspector Of Police

2024-03-08Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN,J.

The petitioner/A3 seeks anticipatory bail in Crime No.21 of 2024, registered by the respondent police for the offences under Sections 4(1)(aaa) of Tamil Nadu Prohibition Act and Sections 353 and 506(1) of IPC.

2.It is stated that all the accused were in possession of 144 bottles of illicit arrack. The petitioner is A3. It is stated that A4 was granted anticipatory bail and A1 and A2 had been granted bail, after being arrested.

3.Taking all the factors into consideration, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions:

5.Accordingly, the petitioner is ordered to be released on anticipatory 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 XVI Metropolitan Magistrate Court, George Town, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and the sureties shall affix their 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 everyday at 10.30 a.m., until further orders. [c] Additionally the petitioner shall deposit a sum of Rs.25,000/- to the credit of the Dean, Stanley Government Medical College and Hospital, Chennai, for treatment of needy patients. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

08.03.2024 ata C.V.KARTHIKEYAN,J.

ata 08.03.2024