S.Vijayakumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.05.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL Crl.O.P.No.8972 of 2021 S.Vijayakumar ... Petitioner Vs.
State rep. by The Inspector of Police, P E W Vellore, Vellore District.
(Crime No.198 of 2021) ... Respondent Prayer:
Petition filed under Section 438 of Cr.P.C., seeking to enlarge the petitioner on bail in the event of his arrest in Crime No.198 of 2021 on the file of the respondent Police.
For Petitioner : Mr.G.Punniakoti For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)
O R D E R
The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 4(1)(aa), 4 (1-A)(ii), 468, 471, 420 of I.P.C. in Cr.No.198 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the accused in the case prepared 425 bottles of duplicate brandy using fake hologram. The petitioner is arrayed as A4 in the case.
3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in the case. 4.The learned Government Advocate (Criminal Side) submitted that the petitioner is alleged to have supplied rectified spirit for preparing duplicate brandy.
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner.
6.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 of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Vellore, 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 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 Court concerned 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. until further orders;
(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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 12/05/2021 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, VELLORE 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, PEW VELLORE, VELLORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.G.PUNNIAKOTI Advocate on payment of necessary charges CRL OP.8972/2021 Date :12/05/2021 RVR 30/06/2021