R.Varadarajan v. The State Rep By

K.KUMARESH BABU , J.

The petitioners seek anticipatory bail in Crime No.363 of 2024 registered by the respondent Police for the offences under Sections 4(1) (aa), 4(1)(h), 4(1-A) TN Prohibition Act, 1937.

2. It is stated that on 29.04.2024, One Rajapandian was arrested by the respondent police who was in possession of 477 brandy bottles in which 456 bottles are sealed. It was confessed by him that these bottles were purchased from the petitioners, who were employees of TASMAC. Hence the case has been registered against the petitioners.

3. The learned Government Advocate (Criminal side) states there is no previous case against the petitioner, however, he prays for dismissal of this petition.

4. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal side).

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5.Taking into consideration of all the facts and circumstances, I am inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Chidambaram, 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, 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 police everyday at 10.00 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; 2/4

[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 absconds, a fresh FIR can be registered under Section 229A IPC;

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K.KUMARESH BABU , J.

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