Ramya v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12902 of 2020 1.Ramya 2.Nagalakshmi @ Lakshmi ... Petitioners Vs.

The State represented by, The Inspector of Police, C1-Flower Bazaar Police Station, Chennai.

... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No. 266 of 2020 on the file of the respondent.

For Petitioners : Mr.N. Naresh For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1-A) of TNP Act in Crime No.266 of 2020, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution as per the defacto complainant is that when the respondent was on usual rounds the petitioners were in possession of 2 litres of ID arrack and 5 litres of yeast. Hence, the complaint.

3.The learned Counsel for the petitioner would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, prays to grant anticipatory bail to the petitioners.

4.The learned Additional Public prosecutor would submit the petitioners and other co-accused were arrested and taken

for remand, but the learned Magistrate rejected the remand. However, there is no previous case pending against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioners.

5.Taking into consideration the facts and submissions of the learned Counsel and there is no previous case against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions; 6.Accordingly, the petitioners are directed to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned VIII Metropolitan Magistrate Court at Chennai, on condition that each petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent daily at 10.30 a.m. for a period of two weeks and thereafter every monday at 10:30 a.m until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229A IPC.

With the above directions, this Criminal Original Petition is ordered.

-sd/- 24/08/2020 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 VIII METROPOLITAN MAGISTRATE, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, C1-FLOWER BAZAAR POLICE STATION, CHENNAI.

+1 CC to M/S.N.NARESH Advocate on payment of necessary charges SR.NO. 6019 CRL OP.12902/2020 Date :24/08/2020 GKS:31/08/2020