Jagadesh v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:11.06.2020

CORAM:

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

State by The Inspector of Police, Kangeyam Police Station, Tiruppur District, Crime No.1117 of 2020.

...Respondent

Prayer: Criminal Original Petition filed under Section 439 Cr.P.C., to enlarge the petitioner on bail pending investigation in Crime No. 1117 of 2020 on the file of the Inspector of Police, Kangeyam police Station, Tirupur District.

For Petitioner : Mr.C.Prakasam For Respondent :Mr.Karthikeyan Additional Public Prosecutor

ORDER

The petitioner who was arrested and remanded to judicial custody on 13.05.2020 for the offence punishable under Sections 4(1)(aaa), 4(1)(i) of TNP Act @ Sec 4(1)(aaa), 4(1)(i) r/w Sec 7 of TNP Act and Section 34 of 1/4

IPC in Crime No.1117 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the Petitioner was found in possession of 1152 bottles of illicit arrack containing ingredients of poisonous substance. Hence the complaint was registered. 3.The learned Counsel appearing for the Petitioner would submit that the Petitioner has not committed any offence as alleged by the prosecution. He would further submit that the Petitioner has been falsely implicated in this case and there is no bad antecedent against them. Further he would submit that the Petitioner in judicial custody from 13.05.2020 and hence, he seeks bail for the Petitioner.

4.The learned Additional Public Prosecutor would submit that the Petitioner was in possession of 1152 bottles of arrack illegally brewed. He admits that there is no previous case against the Petitioner. He opposed for grant of bail to the Petitioner.

5.Taking into consideration the nature of allegations against the 2/4

Petitioner in the FIR and also taking note of the fact that the Petitioner in judicial custody from 13.05.2020, this Court is inclined to grant bail to the Petitioners, subject to the following conditions:- (a) the Petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty five Thousand only) to the Cancer Institute (WIA), (Regional Cancer Centre), Adyar, Chennai - 600 020 (Bank: Andhra Bank, Madhya Kailash, SB A/C No.149710011005477), 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 their release; (b) the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only), before the concerned Magistrate within a period of 15 days from the date of lifting of lockdown and commencement of regular functioning of Court below, 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 report before the Respondent Police as and when required for interrogation.

(e) the Petitioner shall not commit any offences of similar nature; (f) the Petitioner shall not abscond either during investigation or trial; (g) the Petitioner shall not tamper with evidence or witness either during investigation or trial;

(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]; and M.NIRMAL KUMAR, J.

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

11.06.2020 vsn To

1. The Judicial Magistrate, Kangeyam, Tirupur.

2.The Inspector of Police, Kangeyam Police Station, Tiruppur District, 3.The Public Prosecutor, High Court, Madras.

4.The Superintendent Central prison, Coimbatore.

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