Prasanna v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P. No.8176 of 2020 Prasanna ... Petitioner Vs.

State by ... Respondent The Inspector of Police, Vaduvoor Police Station, Thiruvarur.

Crime No.136 of 2020.

Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in Crime No.136 of 2020 on the file of the Inspector of Police, Vaduvoor Police Station, Thiruvarur District.

For Petitioner : Mr.Ganesh Rajan For Respondent : Mr.K.Prabakar Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1) (aaa) of the Tamil Nadu Prohibition Act, in Crime No.136 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in possession of IMFL 558 Nos. of brandy bottles(each containing 180 ml). Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The learned counsel further submitted that there is one previous case pending against the petitioner and that without prejudice to his defence, the petitioner is prepared to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to any charitable organization. Hence, he seeks for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the Inspector of Police, on secret information, he found that the petitioner was illegally found in possession of 558 Nos. of brandy bottles(each containing 180 ml). He would further submit that the petitioner is arrayed as the first accused and the co-accused/A3 and A4 have already been released on bail. He would also submit that there is one previous case as against the petitioner. Hence, he opposed for the grant of anticipatory bail to the petitioner.

5.Generally, when this Court does not grant anticipatory bail to the petitioner, if there is a previous case, taking into consideration the Covid-19 pandemic situation and also the fact that the petitioner is prepared to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to any charitable organization, this Court is inclined to grant anticipatory bail to the petitioner . 6.In view of the fact that there is one previous case against the petitioner, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) by way of demand draft, to the Adyar Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, without prejudice to his rights and contentions before the trial Court.

7.Merely, because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently. 8.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.25,000/- (Rupees Twenty Five Thousand Only) by way of NEFT/RTGS to the Adyar, Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, bearing A/c No.

149710011005477, Andhra Bank, Madhya Kailash Branch, and on such deposit and 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 is made ready, before the learned Judicial Magistrate No.I, Mannargudi, on further condition that the petitioner shall execute a bond for a sum of Rs.

[a] the petitioner and the surety shall affix their photographs and Left 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 daily at 10.30 a.m. for a period of two weeks and thereafter 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.

-sd/- 05/06/2020 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 JUDICIAL MAGISTRATE NO.1, MANNARGUDI.

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

4 THE INSPECTOR OF POLICE, VADUVOOR POLICE STATION, THIRUVARUR DISTRICT.

5 THE WAY OF NEFT/RTGS TO THE ADYAR, CANCER INSTITUTE (WIA), EAST CANAL BANK ROAD, ADYAR, CHENNAI, BEARING A/C NO.149710011005477, ANDHRA BANK, MADHYA KAILASH BRANCH,

CC to M/S.GANESH RAJAN Advocate on payment of necessary charges CRL OP.8176/2020 Date :05/06/2020 TA-18/06/2020