Viji v. The Sub 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)(a), 4(1-A) of TNP Act, in Crime No.108 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner was found in illegal possession of 21 numbers of Top star brandy bottles each contains 180 ml. Hence the case.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and a false complaint has been given against him. He would further submit that he is ready to abide by any stringent condition that may be imposed by this Court, hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (crl.side) for the respondent Police would submit that the petitioner was found to be in illegal possession of 21 numbers of top star brandy bottles each contains 180
ml. He would further submit that there are two previous case similar in nature pending against the petitioner. Hence, he opposed for grant of anticipatory bail to the petitioner.
5.At this juncture, the learned counsel for the petitioner would submit that the first case was registered during the year 2020 for the offences under Prohibition Act and the second case was registered during the first month of 2022 for the offence under COPTA Act. He would further submit that the petitioner, without prejudice, is ready and willing to deposit a sum of Rs.20,000/- as non- refundable deposit to any welfare scheme of the Government or to any shelter home and hence, he prays for grant of anticipatory bail to the petitioner.
6. Heard the learned counsel on either side and perused the entire materials available on record.
7. In order to curb the illegal activities of selling and manufacturing illicit arrack, this Court is of the opinion that the
petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non refundable deposit to "The Dean/Medical Officer, Government District Head Quarters Hospital, Thiruvallur", without prejudice to his rights and contentions before the trial Court.
8. Merely, because the petitioner has deposited the said amount, it would not amount to admission of her 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 and the submissions made by the learned counsel that the petitioner is prepared to deposit Rs.20,000/- to any welfare scheme of the Government, 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.20,000/- (Rupees Twenty Thousand only) by way of Demand Draft/RTGS/NEFT to the " The Dean/Medical Officer, Government District Head Quarters Hospital, Thiruvallur '', without prejudice to his
rights and contentions before the trial Court, 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 made ready, before the learned Judicial Magistrate No.I, Thiruvallur, on condition that the petitioner shall execute a bond for a sum of Rs.
10,000/- (Rupees Ten Thousand only) with two sureties 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 report before the respondent police every day at 10.30 am, for a period of two weeks and thereafter, on every Saturday at 10.30 a.m.
[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 absconds, a fresh FIR can be registered under Section 229A IPC. 12.04.2023 vkr
A.D.JAGADISH CHANDIRA, J.
vkr 12.04.2023