Shanmugam v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.05.2021

CORAM

THE HON'BLE Mr. JUSTICE V.SIVAGNANAM CRL.O.P.No. 9319 of 2021 Shanmugam ... Petitioner/single accused Vs.

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

(Crime No.154 of 2021) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail, in the event of his arrest pending investigation in Crime No.154 of 2021, on the file of the respondent.

For Petitioner : Mr.R.Balakrishnan For Respondent : Mr. J.C.Durairaj Government Advocate (Crl. Side) ***

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest for the alleged offences under Sections 4(1)(aaa) read with Section 4(1-A) ii and 4(1)(g) of TNP Act, in Crime No.154 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The learned counsel appearing for the petitioner would submit that a false complaint has been given against the petitioner and he has not connected with the crime as alleged by the prosecution. 3.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner was found in possession of 110 litres of I.D Arrack and 570 kgs of jaggery. He would further submit that there is no previous case pending against the petitioner.

However, he would vehemently opposed to grant of anticipatory bail to the petitioner.

4.This Court considered the submissions made by the learned counsel for the parties concerned and also perused the FIR. 5.The Supreme Court has laid down the law regarding grant of anticipatory bail in the case of Gurbaksh Singh Vs. State (AIR 1980 SC 1632) and considering the fact that the custodial interrogation of the petitioner is not necessary and the fact that there is no apprehension that the petitioner may abscond, the petitioner is granted anticipatory bail in the event of his arrest or on his appearance, before the learned Judicial Magistrate No.I, Thiruvannamalai, on condition that the petitioner shall execute his own bond for a sum of Rs.

[c] the petitioner shall not leave India without the previous permission of the Court;

[d] the petitioner shall appear before the Court below, whenever required.

[e] the petitioner shall affix his photograph and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his/her identity. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] 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].

[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 19/05/2021 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, TIRUVANNAMALAI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THANIPADI POLICE STATION, THIRUVANNAMALAI DISTRICT.

+1 CC to M/S.R.BALAKRISHNAN Advocate on payment of necessary charges SR.No.6241 CRL OP.9319/2021 Date :19/05/2021 cs 17/06/2021