T.Swathiraj v. The State Rep By

C.V.KARTHIKEYAN, J.

The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1-A), 4(1)(aaa) of Tamil Nadu Prohibition Act in Crime No.166 of 2024, seeks anticipatory bail.

2.It is stated that A1 was intercepted with a car containing 300 liquor bottles, transported from Pondicherry. He gave a confession about another car which contained larger quantity of liquor bottles and further 636 bottles and 120 litres of rectified spirit were seized. 3.The learned counsel for the petitioner stated that this petitioner only helped to purchase liquor bottles at Pondicherry. 4.Earlier petition seeking anticipatory bail was dismissed on 29.02.2024 in Crl.O.P.No.4708 of 2024. It is stated that subsequently, A1 had been arrested and had been granted bail.

1/4

5.Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner, but however, directing the petitioner to deposit an amount of Rs.25,000/- (Rupees Twenty Five Thousand only) as non refundable deposit to the credit of Crime No.166 of 2024 before the learned Judicial Magistrate, Vanur. The said amount may be handed over by the leanred Judicial Magistrate, Vanur, to the Chief Medical Officer, Government General Hospital, Villupuram District, for the treatment of needy patients.

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 on which the order copy made ready, before the learned Judicial Magistrate, Vanur, 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: 2/4

[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., 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].

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

22.04.2024 smv 3/4

C.V.KARTHIKEYAN , J.

smv 22.04.2024 4/4