P. Silambarasan v. State Represented By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9997 of 2022 P.Silambarasan .. Petitioner Vs.

The State rep. by The Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai District.

(Crime No.183 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in connection with the case in Crime No.183 of 2022 pending investigation on the file of the respondent police.

For Petitioner : M/s.S.Premakumari For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioner, who was arrested on 04.04.2022 for the offences punishable under Sections 4(1)(a) read with 4(1-A)(ii) of Tamil Nadu Prohibition Act read with Section 8(c) read with 20(b)(ii)(A) of Narcotic Drugs & Psychotropic Substances Act, 1985, in Crime No.183 of 2022, seeks bail.

2.The petitioner was arrested on 04.04.2022 for the alleged possession of 20 litres of I.D. Arrack and 120 gram of Ganja. 3.Considering the fact that the co-accused was released on bail and the investigation is substantially completed, this Court is inclined to grant bail to the 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 No.II, Tiruvannamalai;

(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 daily at 10.30 a.m., until further orders; (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/- 28/04/2022 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, NO.II, TIRUVANNAMALAI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, TIRUVANNAMALAI EAST POLICE STATION, TIRUVANNAMALAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE JAILER, SUB JAIL, TIRUVANNAMALAI DISTRICT.

CC to M/S. D. KARTHIKEYAN Advocate on payment of necessary charges SR.6442 CRL OP.9997/2022 Date :28/04/2022 RVR 28/04/2022