Balachandran v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Seventh day of June Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice V.BHAVANI SUBBAROYAN CRIMINAL ORIGINAL PETITION No.8563 of 2021 BALACHANDRAN [ PETITIONER / ACCUSED ] Vs STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, NAMAKKAL POLICE STATION, NAMAKKAL DISTRICT.

(CR.NO.575/2021) For Petitioner : M/S. W.CAMYLES GANDHI Advocate For Respondent : M/S. L.BASKARAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 4(1) (a), 4(1-A) of TNP Act in Crime No.575 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant has got a information and went to Thuraiyakar Road, Pattaraimedu Bus Stop, nearby Adengappa Thala. At that time, they found some persons who were lifting 180 ml of brandy bottles in their two wheeler. On seeing the police, they tried to escape from that place, but the police officials caught out 3 persons and one person escaped from that place. On Investigation, it is revealed that they were in possession of 15 brandy bottles each 180 ml. The petitioner herein is the 4th Accused in the above crime. Hence the FIR has been registered against him.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The Learned Government Advocate appearing for the respondent would submit that totally there are four accused in this case and the accused 1 and 2 were already arrested and released on bail. He would also submit that there is no previous case against this 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. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Learned Judicial Magistrate-II, Namakkal, on condition that the petitioner shall execute a 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 report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 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/- 07/06/2021 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, NAMAKKAL.

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

4 THE INSPECTOR OF POLICE, NAMAKKAL POLICE STATION, NAMAKKAL DISTRICT.

+1 CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges SR.No.6376 CRL OP.8563/2021 Date :07/06/2021 cs 17/06/2021