D.Surya Prasanth @ Surya Prakash v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Thirtieth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.8129 of 2021 D.SURYA PRASANTH @ SURYA PRAKASH [ PETITIONER / ACCUSED ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] INSPECTOR OF POLICE, P.E.W.PERIYANAICKENPALAYAM POLICE STATION, COIMBATORE DISTRICT.

CRIME NO.464 OF 2021.

For Petitioner : M/S.C.RAMKUMAR Advocate For Respondent : MR.T.SHUNMUGARAJESWARAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 4(1)(aaa) and 4(1)(a) of Tamil Nadu Prohibitin Act in Crime No.164 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was found in possession of 3600 bottles of liquor concealed in open place and was selling the same at a higher price. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

However, the learned counsel, on instructions, further submitted that the petitioner is ready and willing to deposit a sum of Rs.50,000/-(Rupees Fifty Thousand only) to The Medical Superintendent/Authorised Officer, Government Hospital, Coimbatore, to enable the Medical Officer to use the aforesaid amount for the purpose of treating and providing facilities to the COVID-19 patients.

4.The learned Government Advocate (Crl. Side) submitted that the petitioner was found in possession of 3600 bottles of brandy bottles and was selling at a higher place in a open area. He further submitted that no previous case is pending as against this petitioner.

5.Considering the fact that the petitioner is ready and willing to deposit a sum of Rs.50,000/-(Rupees Fifty Thousand only) to The Medical Superintendent/Authorised Officer, Government Hospital, Coimbatore, to enable the Medical Officer to use the aforesaid amount for the purpose of treating and providing facilities to the COVID-19 patients, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: 6.Accordingly, 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 of receipt of a copy of this order, before the learned Judicial Magistrate-I, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties each 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 and on further condition that:

(a) the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to The Medical Superintendent/Authorised Officer, Government Hospital, Coimbatore, to enable the Medical Officer to use the aforesaid amount for the purpose of treating and providing facilities to the COVID-19 patients, within a period of two weeks. The challan/receipt of such payment shall be produced at the time of executing the bond.

(b) the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) the petitioner shall report before the respondent police 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) 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]; and;

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

-sd/- 30/04/2021 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 NO.I, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, P.E.W.PERIYANAICKENPALAYAM POLICE STATION, COIMBATORE DISTRICT.

5 THE MEDICAL SUPERINTENDENT/AUTHORISED OFFICER, GOVERNMENT HOSPITAL, COIMBATORE +1CC to M/S.C.RAMKUMAR Advocate on payment of necessary charges SR NO.5747 CRL OP.8129/2021 Date :30/04/2021 MK:15/06/2021