Prabakaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.05.2022

CORAM:

THE HON'BLE Mr. JUSTICE A.A.NAKKIRAN Crl.O.P.No.11180 of 2022 Prabakaran S/o.Mukkan No.59/71 Main Road Gangavalli, Gundamalai Salem District.

... Petitioner Vs.

State Rep. by The Inspector of Police, Gangavalli Police Station, Salem District, (Crime No.342 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to order enlarge the Petitioner on bail in Crime No.342 of 2021 on the file of the respondent. For Petitioner : Mr.K.Karuppiaya Mooppanar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner was arrested on 24.03.2022 for the offence punishable under Sections 4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.342 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that, when the respondent police was on their usual rounds, they found the petitioner was in possession of 5 liters of I.D. Arrack illegally and the same was seized by the respondent police. Hence the complaint. 3.Learned counsel for the petitioner would submit that the petitioner is innocent and there is no specific overt act against the petitioner and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration from 24.03.2022. Accordingly prays for grant of bail to the petitioner.

4.Learned Government Advocate (Crl. Side) appearing for the respondent police would vehemently oppose stating that the petitioner was illegally in possession of 5 lites of I.D. Arrack. He added that the petitioner is having three previous cases of similar nature in Crime Nos.74, 279 and 84 of 2022.

5.Considering the fact that the learned Government Advocate (Crl. Side) has not furnished any particulars or status report about the previous cases pending against the petitioner and also considering the period of Incarceration, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate II, Attur - Salem;

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c)the petitioner is directed to report before the respondent police once in a month for interrogation;

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

(e) on breach of any of the aforesaid conditions, the learned Judicial 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];

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A 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-II, ATTUR, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, GANGAVALLI POLICE STATION, SALEM DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.K.KARUPPAIYA MOOPPANAR Advocate on payment of necessary charges SR.No.7027 CRL OP.11180/2022 Date :12/05/2022 CSK 12/05/2022