Suresh @ Pora Suresh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.05.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7448 of 2020 Suresh @ Pora Suresh ... Petitioner Vs.

The State Rep. By ... Respondent The Inspector of Police, PEW Thiruvallur Police Station, Thiruvallur.

Cr.No.227 of 2020 Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail pending investigation in Crime No.227 of 2020 on the file of the respondent police. For Petitioner : Mr.M.R.Thirumoorthy For Respondent :

Mr.M.Mohammed Riyaz, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 27.04.2020 for the offence punishable under Sections 4(1) (a), r/w.4(1-A) of TN Prohibition Act in Crime No. 227 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 10 litres of arrack illegally. Hence the complaint.

3.

The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. On instruction, he would submit that the petitioner, in order to show his bonafide, is ready and willing to deposit a sum of Rs.5,000/- to the Chief Minister Public Relief Fund. He further submitted that the petitioner is in judicial custody from 27.04.2020 and hence, he seeks for bail to the petitioner.

4.

The learned Additional Public Prosecutor (Crl. Side) would submit that the petitioner was found in illegal possession of 10 litres of arrack. Hence, he opposed for the grant of bail to the petitioner.

5.

Taking into consideration the nature of allegations against the petitioner in the FIR and also taking note of the fact that the petitioner is in judicial custody from 27.04.2020, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[a] the petitioner shall deposit a sum of Rs.5,000/- (Rupees five thousand only) to the Chief Minister Public Relief Fund, Tamil Nadu, 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 229A IPC.

6.

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

-sd/- 06/05/2020 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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUVALLUR.

3 THE JUDICIAL MAGISTRATE, NO.II, POONAMALLEE.

4 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE INSPECTOR OF POLICE, PEW THIRUVALLUR POLICE STATION, THIRUVALLUR.

7 THE OFFICER INCHARGE SUB JAIL, TIRUVALLUR DISTRICT.

CC to MR.M.R.THIRUMOORTHY, Advocate on payment of necessary charges CRL OP.7448/2020 Date :06/05/2020 TA-15/06/2020