G.Duraisamy v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10466 of 2020 G.Duraisamy ... Petitioner/Accused Vs.

The State represented by, The Sub-Inspector of Police, Kolathur Police Station, Salem District.

(Crime No. 390 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in connection with the case in Crime No. 390 of 2020 pending investigation on the file of the respondent police.

For Petitioner : M/s.Karan and Uday For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(g), 4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.390 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 10 litres of I.D.Arrack. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner do not have any bad antecedents or previous case. However, on instructions, he submitted that the petitioner without prejudice to his defence, is prepared to deposit

considerable amount to the Chief Minister's Relief Fund. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that petitioner was found in illegal possession of ten litres of fermented wash and two litres of I.D.Arrack. He further submitted there are no previous cases against the petitioner.

5. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

(a) The petitioner is directed to deposit a sum of Rs.5,000/-(Rupees Five Thousand only) as non-refundable deposit through RTGS/NEFT in favour of the Chief Minister's Public Relief Fund, Indian Overseas Bank, Secretariat Branch, Chennai SB.A/c.No.117201000000070, IFSC Code. No.IOBA0001172, within fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning, whichever is earlier. On such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance on further condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten thousand only) with two sureties each for the likesum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stand dismissed automatically and on further condition that the petitioner shall also give a letter of undertaking before the respondent/police that the said amount has been paid in respect of particular organization. [b] 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.

[c] the petitioner shall report before the respondent police every Monday 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].

[g] If the accused person thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6. With the above directions, the criminal original petition is ordered.

7. For reporting compliance, post on 03.08.2020. -sd/- 13/07/2020 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, METTUR, SALEM DISTRICT.

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

4 THE SUB INSPECTOR OF POLICE KOLATHUR POLICE STATION, SALEM DISTRICT.

5 THE CHIEF MINISTERS PUBLIC RELIEF FUND, INDIAN OVERSEAS BANK, SECRETARIAT BRANCH, CHENNAI SB.A/C.NO.117201000000070, IFSC CODE.NO.IOBA0001172 CC to M/S. KARAN AND UDAY Advocate on payment of necessary charges CRL OP.10466/2020 Date :13/07/2020 MK:29/07/2020