Palanisamy v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.05.2020

CORAM

THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Palanisamy ... Petitioner Vs.

State rep. by The Inspector of Police, Thalaivasal Police Station, Salem District.

(Crime.No.312/2020) ... Respondent Prayer : Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the Petitioner on bail in the Crime No.312/2020 on the file of the Respondent police.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.S.Karthikeyan, Additional Public Prosecutor -------

O R D E R

The petitioner was arrested and remanded to judicial custody on 29.04.2020 for the offence punishable under Sections 4(1) (aaa) & 4(1-A) of the Tamil Nadu Prohibition Act, 1937, r/w.188 of IPC in Crime No.312 of 2020 on the file of the respondent police, seeks bail. 1/5

2. The case of the prosecution is that on 29.04.2020 at about 1.00 p.m, the petitioner was found in possession of 105 litres ID arrack containing ingredients of poisonous substance. Hence, the petitioner was arrested and the case was registered against him.

3. The learned counsel for the petitioner submits that he is an innocent of the offence and he has been falsely implicated in this case. Further, he submits that the petitioner is in judicial custody from 29.04.2020 and hence, he seeks bail for the petitioner.

4. The learned Additional Public Prosecutor submits that the petitioner was in possession of 105 litres of arrack containing ingredients of poisonous substance., which is a high quantity. He strongly opposed for grant of bail to the petitioner.

5. Taking into consideration the facts of the case and the submissions made on either side and also taking note of the fact that the period of incarceration by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions : 2/5

(a) the petitioner shall deposit a sum of Rs.10,000/- (Rupees ten thousand only) to the Cancer Institute (WIA), (Regional Cancer Centre), Adyar, Chennai - 600 020, bearing A/c No.149710011005477, Andhra Bank, Madhya Kailash Branch, 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, 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), 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) the petitioner shall report before the respondent as and when required for interrogation.

(h) 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];

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(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

26.05.2020 asi Index : Yes/No Internet : Yes/No Speaking order/Non-speaking order To 1.The Judicial Magistrate No.II, Attur.

2.The Central Prison, Salem.

3.The Inspector of Police, Thalaivasal Police Station, Salem District.

4.The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

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