Venkatesan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Sixth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G. CHANDRASEKHARAN CRIMINAL ORIGINAL PETITION No.10668 of 2022 VENKATESAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, PROHIBIITON ENFORCEMENT WING, CUDDALORE POLICE STATION, CUDDALORE DISTRICT.
CRIME NO.988 OF 2022 For Petitioner : M/S.R.SURYA PRAKASH Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under Sections 4(1)(a), 4(1)(g) and 4(1-A) of TN Prohibition Act in Crime No.988 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, on 08.04.2022 at about 10.00 a.m., when the respondent police were in patrolling duty, one Murugan @ Arumugam and Sakthivel were found in illegal possession of 15 litres of illegal arrack and 100 litres of Jaggery Solution in the petitioner's garden. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the allegation against the petitioner is that he has allowed his garden to be used for preparation of illicit arrack. The petitioner is an innocent person and he has been falsely implicated in this case on the basis of the confession statement of the co-accused. He is also suffering from paralytic attack. Hence, he pleads for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the co-accused has been arrested, remanded and later, released on bail.
5. Considering the fact that the petitioner has been implicated in this case on the basis of the confession statement of the coaccused and the fact that the co-accused had been arrested and then released on bail and that the petitioner is suffering from paralytic attack, 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 seven days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Kurinchipady, Cuddalore on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-only (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 petitioner 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 petitioner shall not tamper with evidence or witness either during investigation or trial;
(c) the petitioner shall report before the Investigating Officer daily at 10.30 a.m. until further orders.
(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 has 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/- 06/05/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KURINCHIPADY, CUDDALORE DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PROHIBIITON ENFORCEMENT WING, CUDDALORE POLICE STATION, CUDDALORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.R.SURYA PRAKASH Advocate on payment of necessary charges SR.NO.6811 CRL OP.10668/2022 Date :06/05/2022 JPA 12/05/2022