P.Palaniyammal v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9305 of 2022 P.Palaniyammal .. Petitioner Vs.

The State rep. by The Inspector of Police, Kottapatti Police Station, Dharmapuri District.

(Crime No.74 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.74 of 2022, on the file of the respondent police. For Petitioner : Mr.J.Pradeep For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested on 30.03.2022 for the offences punishable under Sections 4(1)(aa) and 4(1-A) of Tamil Nadu Prohibition Act in Crime No.74 of 2022, on the file of the respondent police, seeks bail.

2.The petitioner herein is alleged to have been found in possession of 75 litres of illicit arrack. Hence, he was arrested on 30.03.2022.

3.Learned Additional Public Prosecutor appearing for the respondent opposed granting bail to the petitioner on the ground that the petitioner has six previous cases against him. 4.Taking note of the above fact, this Court is inclined to grant bail to these petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner 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 Judicial Magistrate Court, Harur, Dharmapuri District;

(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 petitioner is directed to appear before the Investigating Officer as and when required.

(d) the petitioner 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 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.

-sd/- 25/04/2022 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 JUDICIAL MAGISTRATE, HARUR, DHARMAPURI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KOTTAPATTI POLICE STATION, DHARMAPURI DISTRICT.

4 THE OFFICER INCHARGE, SPECIAL SUB JAIL FOR WOMEN, SALEM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.PRADEEP Advocate on payment of necessary charges CRL OP.9305/2022 Date :25/04/2022 CSK 26/04/2022