Desinguraja v. State Rep By

C.V.KARTHIKEYAN,J.

The petitioner/accused in Crime No.03 of 2024, registered by the respondent police for the offences under Sections 4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act, seeks anticipatory bail. 2.It is stated that the respondent found the petitioner in possession of 96 bottles (each bottle containing 180 ml) of liquor. 3.It is stated that there is no previous case against the petitioner herein.

4.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 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 District Munsif cum Judicial Magistrate, Sendurai, on condition that the petitioner shall execute separate 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.20,000/- to the credit of Crime No.03 of 2024 before the learned District Munsif cum Judicial Magistrate, Sendurai. On receipt of such deposit, the learned District Munsif cum Judicial Magistrate, Sendurai, may hand it over to the Dean, Government General Hospital, Ariyalur District, 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.

13.03.2024 ata

C.V.KARTHIKEYAN,J.

ata 13.03.2024