Kumar v. Inspector Of Police

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(aaa), 4(1-A), 4(1)(g) of Tamil Nadu Prohibition Act, in Crime No.920 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in possession of 20,000 litres of fermented wash and 105 litres of white liquor. On seeing the respondent police, the petitioner had ran away from the scene of occurrence. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and a false case has been registered against him. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that the petitioner is a habitual offender and there are two previous cases similar in nature. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. In reply, the learned counsel for the petitioner would submit that the two cases, out of one is registered from the year 2018 and another case was registered in the year 2019. After 2019, he has no cases pending against him. He would further submit that without prejudice his rights and contention, he is ready and willing to deposit an amount of Rs.50,000/- to any welfare scheme run by the Government.

6. Heard both sides and perused the materials available on record.

7. Taking into consideration the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit an amount of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of the

Dean, Government Medical College and Hospital, Chengalpet, without prejudice to his rights and contentions before the trial Court.

8. 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.

9. Taking into consideration the facts and circumstances of the case, the submissions made on both sides and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.50,000/- to the Dean, Government Medical College and Hospital, Chengalpet, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

10. Accordingly, the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) directly to the Dean, Government Medical College and Hospital, Chengalpet and on such deposit and on receipt of proof of payment, 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 District Munsif cum Judicial Magistrate, Cheyyur, Kancheepuram District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties 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 deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) directly to the Dean, Government Medical College and Hospital, Chengalpet, to enable the Dean to use the aforesaid amount for the purpose of treating the alcohol influenced patients.

[c] the petitioner shall report before

the respondent police everyday at 10.30 a.m., until further orders.

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

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

31.03.2023 jas A.D.JAGADISH CHANDIRA, J.

jas 31.03.2023