Maheswari v. Staterep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.05.2021 CORAM :
THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN Crl.O.P.No.8803 of 2021 Maheswari .. Petitioner Vs.
State Rep. by Inspector of Police Namakkal Police Station Namakkal District.
... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in connection with the Crime No.609 of 2021 pending on the file of the respondent police.
For Petitioner : Mrs.N.Revathi For Respondent : Mr.Charles Premkumar Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.
2. The petitioner was arrested and remanded to judicial custody on 20.04.2021 for the alleged offences under Section 4(1)(a) and 4(1A) of TNP Act in Crime No.609 of 2021. She seeks bail.
3. The case of the prosecution is that the petitioner was found in possession of 45 brandy bottles. It appears that the petitioner is having three previous cases of same nature.
4. Though the learned Government Advocate (Criminal Side) would seek time by stating that he is not having instructions, the facts are evident from mere perusal of the order passed by the Principal Sessions Judge, Namakkal. This Court is of the view that the continued incarceration of the petitioner is not necessary. Hence, bail is granted to the petitioner subject to the following conditions:
(a) Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Judicial Magistrate No.I, Namakkal and on further conditions that:
(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 shall not commit any offences of similar nature;
(d) the petitioner shall not abscond either during investigation or trial;
(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(f) 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];
(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
4. With the above directions, this Criminal Original Petition is ordered.
-sd/- 06/05/2021 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.I, NAMAKKAL
2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL(FOR INFORMATION) 3 INSPECTOR OF POLICE, NAMAKKAL POLICE STATION, NAMAKKAL DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE PRINCIPAL SESSIONS JUDGE, NAMAKKAL 6 THE OFFICER INCHARGE SUB JAIL FOR WOMEN, SALEM CC to M/S. R.NALLIYAPPAN Advocate on payment of necessary charges CRL OP.8803/2021 Date :06/05/2021 RVR 18/06/2021