Madesh @ Thendral v. State Rep.Through

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.8772 of 2020 Madesh @ Thendral ...Petitioner/Accused -VsState Rep by, The Inspector of Police, Anchety Police Station, Krishnagiri District.

Crime No.102 of 2020 ... Respondent/Complainant Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure, to enlarge the petitioner on anticipatory bail in the event of his arrest pending investigation in Crime No.102 of 2020 on the file of the respondent police.

For Petitioner : Mr.B.Aravinthan For respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(g), r/w 4(1-A) of Tamil Nadu Prohibition Act in Crime No.102 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that while conducting prohibition raid by the respondent police, the petitioner was in possession of 100 litres of fermented wash and it was seized by the respondent police.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he did not commit any offence as alleged by the prosecution and he had been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that there is no previous case pending against this petitioner. 5.This Court is of the opinion that the petitioner can be directed to deposit a sum of Rs.2,000/- (Rupees Two Thousand only) as non-refundable deposit to the credit of the Tamil Nadu Advocate Clerks Association, High Court, Madras, without prejudice to their rights and contentions before the trial Court. 6.Merely, because the petitioner has deposited the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently. 7.Considering the facts and circumstances, this Court is inclined to grant anticipatory bail to this petitioner with certain conditions. Accordingly, the petitioner is directed to deposit a sum of Rs.

2,000/- (Rupees Two Thousand only) as non refundable deposit to the credit of the Tamil Nadu Advocate Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), and on such deposit 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 Court, Denkanikottai on condition that the petitioner shall execute a bond for a sum of Rs.

[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.2,000/- (Rupees Two Thousand only) as non refundable deposit to the credit of the Tamil Nadu Advocate Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157) [c] the petitioner shall report before the respondent police as and when required for the interrogation.

[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 persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 16/06/2020 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, COURT, DENKANIKOTTAI 2 THE ADDL. PUBLIC PROSECUTOR HIGH COURT,MADRAS 3 THE INSPECTOR OF POLICE, ANCHETY POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE TAMIL NADU ADVOCATE CLERK ASSOCIATION, MADRAS HIGH COURT, CHENNAI (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157) CC to M/S. B.ARAVINTHAN Advocate on payment of necessary charges CRL OP.8772/2020 Date :16/06/2020 RD 28/07/2020