Sasikumar v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRIMINAL ORIGINAL PETITION No.12890 of 2022 SASIKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VANIYAMBODI TALUK POLICE STATION, THIRUPPATHUR DISTRICT.

CRIME NO.128 OF 2022.

For Petitioner : M/S. E.KANNADASAN Advocate For Respondent : M/S.A.GOKULAKRISHNAN, Additional Public Prosecutor Assist by MS.J.R.ARCHANA, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable u/s. 4(1) (a) and 4 (1)(h) of Tamil Nadu Prohibition Act in Crime No.128 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein is the sole accused. He was found in possession of 115 bottles of TASMAC liquor bottles illegally. Hence, the complaint came to be registered against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this offence. On instructions, he would further submit that the petitioner without prejudice to his contentions, is ready and willing to pay a sum of Rs.10,000/- (Ten Thousand Rupees) to any public organisation as directed by this Court. Accordingly, he prays for grant of anticipatory bail.

4.The learned Additional Prosecutor appearing for the respondent submitted that the quantity of TASMAC liquor involved in this case is 115 bottles. He further submitted that there is no previous case pending as against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5.Taking into consideration the fact that there is no previous case against the petitioner and also taking note of the fact that the petitioner has come forward to pay a sum of of Rs.10,000/- to any public organisation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner shall pay a sum of Rs.10,000/- (Rupees ten thousand only) to Government Yoga and Naturopathy Medical College and Hospital, Arignar Anna Government Hospital of Indian Medicine Campus, Arumbakkam, Near Anna Arch, Chennai - 600 106, and produce the receipt/ acknowledgment before the learned District Munsif Cum Judicial Magistrate, Vaniyambodi. The amount paid by the petitioner shall be utilized by the Medical College & Hospital for research activities in Naturopathy.

7.On production of the reciept or acknowledgement for such payment, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif Cum Judicial Magistrate, Vaniyambodi 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before respondent police daily at 10.30 a.m. until further orders.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[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 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 F.I.R can be registered under Section 229-A IPC.

-sd/- 01/06/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VANIYAMBADI.

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

4 THE INSPECTOR OF POLICE, VANIYAMBODI TALUK POLICE STATION, THIRUPPATHUR DISTRICT.

+1 CC to M/S. E.KANNADASAN Advocate on payment of necessary charges SR.NO.8313 CRL OP.12890/2022 Date :01/06/2022 TA-03/06/2022