M.Sakthivel v. State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.03.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.6036 of 2021 M.Sakthivel ... Petitioner Vs.
State Rep. by ... Respondent The Inspector of Police, Salavakkam Police Station, Kancheepuram Dt.
(Crime No.38 of 2021) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.38 of 2021 on the file of respondent police. For Petitioner : Mr.G.Punniakoti For Respondent : Mrs.M. Prabavathi, Addl. Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioner is the sole accused. The petitioner, who was arrested and remanded to judicial custody on 07.03.2021 for the offence punishable under Sections 4(1)(a), r/w 4(1-A) of TNP Act in Crime No.38 of 2021, seeks bail.
2. The case of the prosecution is that, on the date of occurrence, when the respondent police was on regular patrolling, the petitioner was found in possession of 7 bottles of brandy each containing 180 ml illegally. Hence, a criminal case was registered against the petitioner. Accordingly, he was arrested and remanded to judicial custody on 07.03.2021. Now, seeking bail, the present petition has been filed.
3. The learned counsel appearing for petitioner would submit that he is an innocent person and he has been falsely implicated in
the present case. He would submit that he has no bad antecedents and he is in custody from 07.03.2021. Hence, he prayed to grant bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was found in possession of 7 bottles of brandy each containing 180 ml. illegally. She would submit that the petitioner is not having any bad antecedents. However, she opposed to grant bail to the petitioner.
5. Taking into consideration of the fact that the petitioner was found in possession of 7 bottles of brandy each containing 180 ml, he has no previous bad antecedents and also considering the period of incarceration suffered by the petitioner from 07.03.2021, this Court is inclined to grant bail to the petitioner subject to the following conditions:
(a) Accordingly, the petitioner is ordered to be released on bail on condition to 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 District Munsif cum Judicial Magistrate, Uthiremerur and on further conditions that:
(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, on his release from prison, shall report before the respondent police daily at 10.30 a.m. for the period of two weeks and thereafter as and when required for interrogation ; (d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial;
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g) 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];
(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 25/03/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, UTHIRAMERUR.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, SALAVAKKAM POLICE STATION, KANCHEEPURAM DISTRICT.
5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
CC to M/S. G.PUNNIAKOTI Advocate on payment of necessary charges CRL OP.6036/2021 Date :25/03/2021 TA-26/03/2021