K.P.Janakiraman v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.No.10586 of 2021 K.P.Janakiraman

...Petitioner

Versus

The State Represented by the

...Respondent/Complainant

The Inspector of Police, Ammapet Police Station, Salem District.

(Cr.No.265 of 2021) PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent Police in Crime No.265 of 2021 on the file of the respondent Police. For Petitioner : Mr.S.Mayilnathan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

(The Case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 4(1)(a), read with 4(1-A) of Tamil Nadu Prohibition Act, 1937, in Cr.No.265 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused persons found in possession of one litre Sabols Water bottle and unsealed and unlabeled 375 ml plastic bottels containing some brown liquid and the same was seized by the respondent police. Hence the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instructions, the learned counsel would submit that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.5,000/- (Rupees Five Thousand Only).

4.The learned Government Advocate (Crl.Side) submitted that there is no previous case pending against the petitioner. 5.Considering the nature of the case, I am inclined to grant 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 Court V, Salem, 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)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b)the petitioner shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand Only) to the credit of the Chief Medical Officer, Government Medical College and Hospital, Kumaramangalam, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;

(c)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; (d)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

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

(f)the petitioner shall not abscond either during investigation or trial;

(g)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;

(h)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 COURT V, SALEM.

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

4 THE INSPECTOR OF POLICE, AMMAPET POLICE STATION, SALEM DISTRICT.

5 THE CHIEF MEDICAL OFFICER, GOVERNMENT MEDICAL COLLEGE AND HOSPITAL, KUMARAMANGALAM.

+1 CC to M/S S.MAYILNATHAN Advocate on payment of necessary charges SR.NO.6618 CRL OP.10586/2021 Date :18/06/2021 TA-02/07/2021