Ramasamy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9397 of 2020 RAMASAMY, S/o.Narayanan, Pillaiyar Kuppam, Sholilngur Taluk, Vellore District.

... Petitioner Vs.

State Rep. by Sub Inspector of Police, Prohibition Enforcement Wing, Arakkonam, Vellore District.

... Respondent Prayer : Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No152 of 2020 on the file of the respondent police. For Petitioner : Ms.R.Thulasi For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections Sections 4(1)(aaa) 4(1-A) of Tamil Nadu Prohibition Act in Crime No152 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that the petitioner was found in possession of 135 litres of ID Arrack, illegally. Hence, a case was registered against the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner was in possession of 135 litres of

ID Arrach. He further submitted that there is three previous cases are pending against the petitioner. Hence he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the submission made by the learned counsel appearing for the petitioner, this Court is of the opinion that the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees twenty Thousand only) as non refundable deposit to the credit of the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai without prejudice to his rights and contentions before the trial Court. Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

6. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees twenty Thousand only) as non refundable deposit to

the credit of the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai , within a period of fifteen days from the date on which the order copy made ready and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Sholingur, 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, 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 deposit a sum of Rs.20,000/- (Rupees twenty Thousand only) as non refundable deposit to the credit of the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, and shall produce the said receipt before the Court below.

[c] the petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter, as and when required for 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 thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

26.06.2020 Index: Yes/No Speaking order/Non-Speaking order jer

G.K.ILANTHIRAIYAN, J jer To 1.The Judicial Magistrate, Sholingur.

2. The Public Prosecutor, Madras High Court, Chennai.

3.Sub Inspector of Police, Prohibition Enforcement Wing, Arakkonam, Vellore District.

Crl.O.P.No.9397 of 2020 26.06.2020