Arunagiri v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

04.05.2020

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.7403 of 2020 Arunagiri

...Petitioner

Vs State rep. By

...Respondent

The Inspector of Police Edaiyur Police Station Tiruvarur.

(Crime No.252 of 2020) Prayer: Criminal Original Petition filed under Section 439 Cr.P.C., to enlarge the petitioner on bail pending investigation in Crime No.252 of 2020 on the file of the respondent police. For petitioner: Mr.M.Jaikumar For respondent: Mr.M.Mohammed Riyaz Additional Public Prosecutor (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 16.04.2020 for the offence punishable under Sections 4(1) (a), 4(1-A) of TN Prohibition Act 188, and Section 269 of IPC Act in Crime No.252 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is alleged to have found in possession of 180 ML Brandy bottle (15 Nos).

3. The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and seeks bail.

4. The learned Additional Public Prosecutor (Crl. Side) would submit that the petitioner is in possession of 180 ML Brandy bottle (15 Nos)and he is having one previous case. Hence he vehemently opposed for grant of bail to the petitioner.

5. Taking into consideration the nature of allegation against the petitioner in the FIR and also taking note of the fact that the petitioner is in judicial custody from 17.04.2020, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[a] the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the Chief Minister Public Relief Fund, and on such deposit the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) before the Superintendent of the concerned prison; [b] the petitioner shall report before the respondent police as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[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 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 229 A IPC.

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

-sd/- 04/05/2020 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 CHIEF MINISTER PUBLIC RELIEF FUND, TAMILNADU.

2 THE JUDICIAL MAGISTRATE THIRUTHURAIPOONDI.

3 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR. [FOR INFORMATION] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE EDAIYUR POLICE STATION TIRUVARUR.

6 THE OFFICER INCHARGE MANNARKUDI SUB JAIL TIRUVARUR DISTRICT.

CC to MR.M.JAIKUMAR, Advocate on payment of necessary charges CRL OP.7403/2020 Date :04/05/2020 TA-17/06/2020