Karnan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Karan ... Petitioner Vs.

The State represented by, The Inspector of Police, Prohibition Enforcement Wing, Nanilam Police Station, Thiruvarur District.

(Crime No.90 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.90 of 2023, pending investigation on the file of the respondent Police.

For Petitioner : Mr.J.Jawahar For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/7

O R D E R

(This case has been heard through Video Conferencing) The petitioner, who was arrested and remanded to judicial custody on 13.03.2023, for the offence punishable under Sections 4(1) (aaa) r/w 4(1A) of Tamil Nadu Prohibition Act, in connection with Crime No.90 of 2023, registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the respondent and his team were on their regular patrol duty, they found that the accused was illegally transporting 160 litres of Pondy alcohol in his Indica car bearing registration No.TN-18-P-3071. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that He further submitted that the petitioner is no way connected with the alleged offence and he is in custody from 13.03.2023. Hence, he prayed to grant bail to the petitioner. 2/7

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner was found to be in illegal possession of 160 litres of pondy liquor in his car. He further submitted one previous case of similar nature is pending against the petitioner. Hence, he opposed for grant of bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defence and contention, is ready and willing to deposit a considerable amount to any welfare scheme run by the Government. He further submitted that the petitioner is ready to abide by any other stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

7. On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of 3/7

Rs.10,000/- (Rupees Ten Thousand only) to the credit of "The Dean/Medical Officer, Government Medical College and Hospital, Thiruvarur", without prejudice to his rights and contentions before the trial Court.

8. 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.

9. Taking into consideration the facts and circumstances of the case, the submissions made by either side and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.10,000/- to the credit of "The Dean/Medical Officer, Government Medical College and Hospital, Thiruvarur", this Court is inclined to grant bail to the petitioner with certain conditions.

10. Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) by way of RTGS/NEFT directly to the credit of "The Dean/Medical Officer, Government Medical College and Hospital, 4/7

Thiruvarur", so as to enable the Dean/Medical Officer to use the aforesaid amount for the purpose of treating the alcohol influenced patients, without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate-II, Nagapattinam, and on further conditions that: [a] 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 report before the respondent Police, everyday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[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 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 5/7

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 abscond, a fresh FIR can be registered under Section 229A IPC.

10.04.2023 ham To

1. The Judicial Magistrate-II, Nagapattinam.

2. The Inspector of Police, Prohibition Enforcement Wing, Nanilam Police Station, Thiruvarur District.

3. The District Jail, Nagapattinam.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

ham 10.04.2023 7/7