Anastraj v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.05.2020

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.7668 of 2020 Anastraj, S/o.Sellappan, South Street, Keelanmannarkuruchi, Thiruvarur District.

...Petitioner

Vs.

State represented by The Inspector of Police, Muthupettai Police Station, Thiruvarur.

....Respondent Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No.399 of 2020 pending investigation on the file of the respondent/police.

For Petitioner :

Mr.M.Jaikumar For Respondent :

Mr.Karthikeyan Additional Public Prosecutor

ORDER

The petitioner was arrested and remanded to judicial custody on 28.04.2020 for the offence punishable under Sections 4(1)(aaa), 4(1)(g), 4(1-A) of the Tamil Nadu Prohibition Act, 1937, in Crime No.399 of 2020 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the respondent police conducted prohibition raid on 06.04.2020 at 19.00 hours. On seeing the police, the petitioner attempted to run away, however, the police arrested the petitioner and seized 120 litres of illicit arrack kept by the petitioner for sale. Since no witness was present at the scene of occurrence, the police prepared the seizure mahazar in presence of two policemen. Hence, this complaint. 3.The learned counsel appearing for the petitioner would submit that the seizure in this case was prepared in presence of two policemen.

or destroy the seized arrack. Further he would submit that the petitioner is in judicial custody from 28.04.2020 and hence, he seeks bail for the petitioner. The petitioner has no bad antecedents.

4.The learned Additional Public Prosecutor (Crl. Side) would submit that the petitioner is in possession of 120 litres of arrack illegally brewed. He admits there is no previous case against the petitioner. He opposed for grant of bail to the petitioner.

5. Taking into consideration the nature of allegations against the petitioners in the FIR and also taking note of the fact that the petitioner is in judicial custody from 28.04.2020, this Court is inclined to grant bail to the petitioner, subject to the following conditions : (a) the petitioner shall execute his own bond for a sum of Rs.10,000/- (Rupees ten thousand only) before the Superintendent of the concerned prison, in which the petitioner has been confined on his release; (b)the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the concerned Magistrate on or

before 01.07.2020, failing which the bail granted by this Court shall stand dismissed automatically;

(c) 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; (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.

19.05.2020 nsd Index: Yes/No Speaking order/Non-speaking order To

1. The Chief Judicial Magistrate, Tiruvarur.

2. The Judicial Magistrate, Thiruthuraipoondi.

3. The Inspector of Police, Muthupettai Police Station, Thiruvarur.

4. The Public Prosecutor, High Court, Madras.

5. The Superintendent of Prison, Mannarkudi Sub-Jail, Tiruvarur.

M.NIRMAL KUMAR.J.

nsd Crl.O.P.No.7668 of 2020 in Crime No.399 of 2020 19.05.2020