Madhanraj v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8804 of 2022 Madhanraj .. Petitioner Vs.

The State Rep by Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai District.

(Crime No.183 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the Bail to the petitioner in Crime No.183 of 2022 on the file of the respondent police. For Petitioner : Mr.M.Mariappan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner/Accused, who was arrested for the offences punishable under Sections 4(1)(a) & 4(1-A) of TN Prohibition Act and Section 8(c) & 20(b)(ii)(A) of Narcotic Drugs & Psychotropic Substances Act, 1985 in Crime No.183 of 2022, on the file of the respondent police, seeks bail.

2. The respondent police had recovered 20 litres of I.D. arrack kept in the mud pot and 110 grams of ganja in plastic cover from this petitioner and one Silambarasan. This petitioner was arrested on 04.04.2022.

3. Considering the fact that there is no bad antecedent come to the notice of the respondent police and the quantity of the I.D. arrack as well as the Ganja recovered, this Court is of the view that the petitioner may be granted bail subject to certain conditions. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Tiruvannamalai.

(b) 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; (c) the petitioner is directed to report before the Investigating officer daily at 10.30 a.m., until further orders; (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) 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];

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

-sd/- 19/04/2022 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-II, TIRUVANNAMALAI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI DISTRICT [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, TIRUVANNAMALAI EAST POLICE STATION, TIRUVANNAMALAI DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, TIRUVANNAMALAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.M.MARIAPPAN Advocate on payment of necessary charges SR.No.5782 CRL OP.8804/2022 Date :19/04/2022 CSK 20/04/2022