Silambarasan v. The State Rep

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10457 of 2021 Silambarasan ... Petitioner Vs.

The State Rep by ... Respondent Sub-Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai District.

(Crime No.520 of 2021) PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to grant anticipatory bail to the petitioner in the event of arrest or on his appearance before any court in connection with the case in Crime No.520 of 2021 pending investigation on the file of the respondent police herein.

For Petitioner : Mr.S.Panneer Selvam 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 (i)(a), 4(1-A) (ii) of Tamil Nadu Prohibition Act in Crime No.520 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 48 numbers of 180 ml VSOP Brandy bottles which belongs to the State of Karnataka. 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.20,000/- in favour of "The District Medical Officer, Government

Hospital, Tiruvannamalai, Tiruvannamalai 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 48 numbers of 180 ml VSOP Brandy bottles which belongs to the State of Karnataka . 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 Judicial Magistrate No.II, Tiruvannamalai 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.

20,000/- (Rupees Twenty Thousand Only) as nonrefundable deposit either through RTGS/NEFT or in cash/demand draft in favour of " District Medical Officer/Authorised Officer, Government Hospital, Tiruvannamalai, Tiruvannamalai District" for treating Covid-19 patients and produce proof of such payment of the above amount to the learned Judicial Magistrate No.II, Tiruvannamalai , 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.

(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 JUDICIAL MAGISTRATE, NO.II, TIRUVANNAMALAI.

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

4 THE SUB-INSPECTOR OF POLICE, TIRUVANNAMALAI TALUK POLICE STATION, TIRUVANNAMALAI DISTRICT.

5 THE DISTRICT MEDICAL OFFICER/ AUTHORISED OFFICER, GOVERNMENT HOSPITAL, TIRUVANNAMALAI, TIRUVANNAMALAI DISTRICT.

CC to M/S S.PANNEER SELVAM Advocate on payment of necessary charges CRL OP.10457/2021 Date :16/06/2021 TA-13/07/2021