Durai @ Durairaj v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10445 of 2021 Durai @ Durairaj ... Petitioner Vs.

State rep. by Station House Officer (S.H.O) Kattumannar Koil Police Station, Cuddalore District.

(Crime No.285 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioner on anticipatory bail pending investigation in Crime No.285 of 2021 on the file of Station House Officer, Kattumannar Koil Police Station, Cuddalore District. For Petitioner : Mr.G.Nirmal Krushnan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 4(1)(a), 4(1-A) and 4(1-g) of TNP Act in Crime No.285 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 petitioner was in possession of 300 liters of illicit liquor. Hence, the law enforcing agency registered a case against the petitioner. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. On instructions he would further submits that without prejudice to their defence and contentions, the petitioner is ready to deposit a sum of Rs.30,000/- in favour of "The District Medical Officer, Government Hospital, Cuddalore, Cuddalore District" for treating Covid-19 patients. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) vehemently opposed the grant of anticipatory bail by stating that the petitioner was in possession of 300 liters of illicit liquor. Hence he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the submissions advanced on behalf of the petitioner and also the fact that the petitioner has willfully and on his own volition agreed to pay cost to any charitable institution as imposed by this Court, 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 of receipt of a copy of this order, before the learned District Munsif Cum-Judicial Magistrate, Kattumannar Koil, Cuddalore District 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 and on further condition that:

(a) the petitioner shall to deposit a sum of Rs.30,000/- (Rupees Thirty Thousand Only) as non-refundable 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 learned District Munsif CumJudicial Magistrate, Kattumannar Koil, Cuddalore District , at the time of release on bail;

(b) the petitioner and 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;

(c) the petitioner 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 petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner 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/- 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 DISTRICT MUNSIF CUM JUDICIALMAGISTRATE, KATTUMANNAR KOIL, CUDDALORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE(FOR INFORMATION) 3 STATION HOUSE OFFICER (S.H.O.), KATTUMANNAR KOIL POLICE STATION, CUDDALORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE DISTRICT MEDICAL OFFICER, AUTHORISED OFFICER GOVERNMENT HOSPITAL, CUDDALORE, CUDDALORE DISTRICT CC to M/S.G.NIRMAL KRISHNAN Advocate on payment of necessary charges CRL OP.10445/2021 Date :16/06/2021 RVR 07/07/2021