N.C Arokiyaraj v. State Rep By

G.CHANDRASEKHARAN, J.

The petitioners, who apprehend arrest for the alleged offences under Section 4 (1) (g), 4 (1) (a), 4 (1-A), of Tamil Nadu Prohibition Act in Crime No.143 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, on 06.04.2022 at about 9.00am petitioners were found in possession of 25 litres Spirit without valid licenses in ullampakkam.

3.Heard the submissions.

4.It is seen that petitioners are implicated on the basis of confession statement of co-accused. Property had been recovered and co-accused had been arrested and released on bail. Thus, this Court is inclined to grant anticipatory bail to the petitioners.

1/4

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Madhuranthagam, on condition that the each of the petitioners shall execute separate bond for a sum of Rs.50,000/- (Rupees Twenty Five 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 petitioners and the sureties shall affix his 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 petitioners shall not tamper with evidence or witness either during investigation or trial; (c)the petitioners shall report before the Investigating Officer daily at 10.30 a.m. until further orders;

(d)the petitioners 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 2/4

action against the petitioners in accordance with law as if the conditions has been imposed and the petitioners 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.

05.05.2022 Sma/ep 3/4

G.CHANDRASEKHARAN, J.

Sma/ep 05.05.2022 4/4