Babu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9711 of 2020 Babu ... Petitioner/ 3rd Accused Vs.

The State represented by The Inspector of Police, Prohibition Enforcement Wing, Mayiladuthurai, Nagapattinam District.

(Crime No. 370 of 2018) ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No.370 of 2018 on the file of the respondent Police.

For Petitioner :

Mr.U.Kathiravan 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 offence punishable under Section 4(1)(aaa) read with 4(1-A) of Tamil Nadu Prohibition Act (Transport), in Crime No.370 of 2018, seeks anticipatory bail.

It is the case of the prosecution that the petitioner was found in possession of 17 boxes of 180 ml and 120 liters of ID Arrack, illegally. Hence, a case has been registered against the petitioner.

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.

The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of ID Arrack involved is 17 boxes of 180 ml and 120 liters. He further submitted that there is no previous case pending against the petitioner.

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.15,000/- (Rupees Fifteen Thousand only) as non refundable deposit to the credit of the Aringar Anna Cancer Institute, Kancheepuram, 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.

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.15,000/- (Rupees Fifteen Thousand only) as non refundable deposit to the credit of the Aringar Anna Cancer Institute, Kancheepuram, 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 No.I, Mayiladuthurai, on condition that the petitioner shall execute a separate 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.15,000/- (Rupees Fifteen Thousand only) to the credit of the Aringar Anna Cancer Institute, Kancheepuram and shall produce the said receipt before the Court below.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., 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.

-sd/- 29/06/2020 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, NO.I, MAYILADUTHURAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, PROHIBITION ENFIRCEMENT WING, MAYILADUTHURAI, NAGAPATTINAM DISTRICT.

THE ARINGAR ANNA CANCER INSTITUTE, KANCHEEPURAM.

CC to M/S. U.KATHIRAVAN Advocate on payment of necessary charges CRL OP.9711/2020 Date :29/06/2020 cs 24/07/2020