Dev Anna v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9084 of 2022 1.Dev Anna 2.Charles .. Petitioners Vs.

The State rep. by The Sub Inspector of Police, Perunagar Police Station, Kancheepuram District.

(Crime No.143 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail pending investigation in Crime No.143 of 2022 on the file of the respondent police.

For Petitioners: Mr.G.Punniakoti For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioners, who were arrested on 06.04.2022 for the offences punishable under Sections 4(1)(g), 4(1)(a), 4(1-A) TNP Act in Crime No.143 of 2022, seek bail.

2.The petitioners were arrested on 06.04.2022 for the illegal possession of 25 litres of I.D. arrack and 25 litres of concentrated spirit.

3. Considering the quantity of the contraband seized, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions;

(a) each of the petitioners 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 District Munsif Cum Judicial Magistrate, Uthiramerur;

(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 petitioners are directed to appear before the Investigating Officer daily at 10.30 a.m., until further orders; (d) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 29/04/2022 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 DISTRIC MUNSIF CUM JUDICIAL MAGISTRATE, UTHIRAMERUR 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 INSPECTOR OF POLICE, PERUNAGAR POLICE STATION, KANCHEEPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE, SUB JAIL, KANCHEEPURAM CC to M/S. G.PUNNIAKOTI Advocate on payment of necessary charges Sr.6507 CRL OP.9084/2022 Date :29/04/2022 RVR 29/04/2022