Vediappan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8113 of 2020 Vediappan ... Petitioner Vs.

State by Inspector of Police, PEW (The Prohibition Enforcement Wing), Uthangarai, Krishnagiri District. ... Respondent Prayer : Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioners on anticipatory bail pending investigation in Crime No.257 of 2020 on the file of the respondent police.

For Petitioner : Mr.J.Pradeep For Respondent : Mr.K.Prabakar Additional Public Prosecutor

O R D E R

The Petitioner who apprehends arrest at the hands of the Respondent Police, for having allegedly committed the offences punishable under Sections 4(1)(a) & 4(1-A) of Tamil Nadu Prohibition Act, in Crime No. 257 of 2020, has filed this Criminal Original Petition, under Section 438 of Cr.PC, seeking 1/6

anticipatory bail.

2. The case of the Prosecution is that the Petitioner was found in possession of 4 litres of arrack illegally. Hence, the complaint was registered.

3. This court heard the learned counsel for the Petitioner and the learned Additional Public Prosecutor for the Respondent and also perused the materials placed before this Court.

4. According to the Petitioner, the Petitioner is in no way connected with the alleged offences and he has been falsely implicated in the case on hand and he would submit that there is no previous case against the petitioner. He would further submit that without prejudice to his defence, the petitioner is prepared to deposit a considerable amount to any charitable organization and prayed for grant of Anticipatory Bail.

5. On the other hand, the learned Additional Public Prosecutor, while opposing to grant anticipatory bail, would submit that the Petitioner was found in possession of 4 litres of arrack, without any valid licence. He further 2/6

submitted that there is no previous case against the petitioner.

6. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees five thousand only) as non refundable deposit to the credit of the Cancer Institute WIA No.38, Childrens Park Access Road, IIT Post, Guindy National Park, Guindy, Chennai, as non refundable deposit bearing A/C.No.

149710011005477, Madhiyakailash Branch, Andhra pradesh and on such deposit and on production of proof, 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 learned Judicial Magistrate, Uthangarai, Krishnagiri District on condition that the petitioner shall execute a separate bond for a sum of Rs.

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 as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 abscond, a fresh FIR can be registered under Section 229A IPC.

7. With the above directions, this Criminal Original Petition is ordered. 03.06.2020 Internet : Yes/No kmm 4/6

To

1. The Judicial Magistrate, Uthangarai, Krishnagiri District.

2. The Inspector of Police, PEW (The Prohibition Enforcement Wing), Uthangarai, Krishnagiri District.

3. The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA , J.

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