Madras High CourtCRL OP/10049/2021granted

Samidurai v. The Inspector Of Police

2021-06-16Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.No.10049 of 2021 1.Samidurai

...Petitioners

2.Mano

Versus

State Rep. By

...Respondent

The Inspector of Police, Valathi Police Station, Villupuram District.

(Cr.No.244 of 2021) PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on anticipatory bail in the event of arrest by the respondent Police in Crime No.244 of 2021 on the file of the respondent Police. For Petitioners : Mr.R.Parthiban For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 4(1)(aaa), 4(1-A), 5 & 7 of TNP Act read with Section 7 of TN Rectified Spirit Rules 2000 in Cr.No.244 of 2021, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners were found in possession of 20,055/- ltrs. of ID Arrack and the same was seized by the respondent police.

3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. However, on instructions, the learned counsel would submit that the petitioners, on their own volition, are ready and willing to contribute a sum of Rs.1,00,000/- jointly.

4.The learned Government Advocate (Crl.Side) submitted that there are two previous case pending against A2 and there are three previous cases pending against A3.

5.Considering the nature of the case, I am inclined to grant bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Gingee, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees One Lakh 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)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b)the petitioners shall make a non refundable deposit of Rs.1,00,000/- (Rupees One lakh only) jointly to the credit of the Dean, Government Medical College and Hospital, Mundiyampakkam, Villupuram, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioners; (c)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;

(d)the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

(e)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioners shall not abscond 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 petitioners in accordance with law as if the conditions have 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;

(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 16/06/2021 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, GINGEE.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE VALATHI POLICE STATION, VILLUPURAM DISTRICT.

CR.NO.244 OF 2021 5 THE DEAN, GOVERNMENT MEDICAL COLLEGE AND HOSPITAL, MUNDIYAMPAKKAM, VILLUPURAM.

CC to M/S.R.PARTHIBAN Advocate on payment of necessary charges CRL OP.10049/2021 Date :16/06/2021 TA-14/07/2021