Madhavan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twelfth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. SIVAGNANAM CRIMINAL ORIGINAL PETITION No.11053 of 2022 MADHAVAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MAYILADUTHURAI POLICE STATION, MAYILADUTHURAI DISTRICT CRIME NO.294 OF 2022 For Petitioner : S.THIYAGARAJAN Advocate For Respondent : MR.S.SUGENDRAN, Additional public Prosecutor 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) (aaa), 4(1-A) of TNP Act, in Crime No.294 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused were involved in illegal transportation of 432 litres of brandy and 110 litres of illicit arrack.
3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offences as alleged by the prosecution. He further submitted that the petitioner has been implicated based on the confession statement of the co-accused. Hence, he pleads for anticipatory bail.
4. The learned Additional Public Prosecutor appearing for the respondent police opposed to grant anticipatory bail to the petitioner. However, he submitted that the petitioner has not loaded the seized bottles as stated by A2 and A3 in their confession statement. He further submitted that there is no previous case pending against the petitioner.
5. Considering the facts of the case and that there is no previous case pending as against the petitioner, 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 fifteen days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate, No.I, Mayiladuthurai on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (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 his Aadhar card or Bank pass Book to ensure his identity;
(b)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(c) the petitioner shall report before the respondent before daily at 10.00 a.m. for a period of four weeks and thereafter as and when required for interrogation;
(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/- 12/05/2022 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 JUDICIAL MAGISTRATE, NO.I, MAYILADUTHURAI.
2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MAYILADUTHURAI POLICE STATION, MAYILADUTHURAI DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to S.THIYAGARAJAN Advocate on payment of necessary charges SR.NO.7045 CRL OP.11053/2022 Date :12/05/2022 JPA 16/05/2022