Arumugam v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8997 of 2022 Arumugam ... Petitioner Vs.

The State rep. by its, The Sub-Inspector of Police, Arakadanllur Police Station, Kandachipuram Taluk, Villupuram District.

(Crime No.118 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to grant bail to the petitioner in Crime No.118 of 2022 on the file of the respondent police.

For Petitioner : Mr.M.Murugesan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested for the alleged offences under Sections 4(1)(a), 4(1-A) of TNP Act in Crime No.118 of 2022, on the file of the respondent police, seeks bail.

2.The petitioner herein is alleged to have been found in possession of 10 litres of illicit arrack. Hence, he was arrested on 05.03.2022.

3.Learned Additional Public Prosecutor appearing for the respondent opposed granting bail to the petitioner on the ground that the petitioner has six previous cases against him. 4.Considering the alleged quantity of I.D arrack, this court is inclined to grant bail subject to the following conditions;

(a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Thirukovillur.

(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/- 22/04/2022 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, THIRUKOVILLUR.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION]

3 THE SUB INSPECTOR OF POLICE, ARAKADANLLUR POLICE STATIN, KANDACHIPURAM TALUK, VILLUPURAM DISTRICT 4 THE OFFICER INCHARGE SUB JAIL, VILLUPURAM, 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.MURUGESAN Advocate on payment of necessary charges SR.NO.6004 CRL OP.8997/2022 Date :22/04/2022 JPA 22/04/2022