Venugopal v. The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10279 of 2021
1. Venugopal
2. Chinnadurai ... Petitioners Vs.
The Sub-Inspector of Police, Aladi Police Station, Cuddalore District.
(Cr.No.69 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioners on bail in the event of their arrest in Crime No.69 of 2021 on the file of the respondent police.
For Petitioners : Mr.S.Saravana Kumar 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 punishable under Section 4(1)(a) and 4(1A) and 4(1)(g) of Tamil Nadu Prohibition Act,1937 in Crime No.192 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that when the respondent police was on regular checkup they found that the petitioners were in possession of 310 liters of illicit arrack. Hence, the law enforcing agency registered a case against the petitioners. 3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. On instructions he would further submits that without prejudice to their defence and contentions, the petitioners are ready to deposit a sum of Rs.25,000/- in favour of District Medical Officer, Government Hospital, Cuddalore, Cuddalore District" for treating Covid-19 patients. Therefore, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) vehemently opposed the grant of anticipatory bail by stating that the petitioners were in possession of 310 liters of illicit arrack. Hence he vehemently opposed for grant of anticipatory bail to the petitioners.
5. Taking into consideration the submissions advanced on behalf of the petitioners and also the fact that the petitioners have willfully and on their own volition agreed to pay cost to any charitable institution as imposed by this Court, 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-II, Virudhachalam on condition that each of the petitioners shall execute a separate bond for a sum of Rs.
10,000/- each (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 and on further condition that: (a) the petitioners shall to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) as nonrefundable deposit either through RTGS/NEFT or in cash/demand draft in favour of " District Medical Officer/Authorised Officer, Government Hospital, Cuddalore, Cuddalore District" for treating Covid-19 patients and produce proof of such payment of the above amount to the Judicial Magistrate No.
(c) the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required. (d)the petitioners shall not tamper with evidence or witness either during investigation or trial; (e)the petitioners shall not abscond either during investigation or trial;
(f)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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. -sd/- 18/06/2021 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 NO.II, VIRUDHACHALAM.
2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, ALADI POLICE STATION, CUDDALORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE DISTRICT MEDICAL OFFICER/AUTHORISED OFFICER, GOVERNMENT HOSPITAL, CUDDALORE, CUDDALORE DISTRICT"
FOR TREATING COVID-19 PATIENTS CC to M/S. S.SARAVANA KUMAR Advocate on payment of necessary charges CRL OP.10279/2021 Date :18/06/2021 MK:13/07/2021