S.Raja v. The State By

K.KUMARESH BABU , J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(aaa) and 4(1-A) of the Tamil Nadu Prohibition Act, 1937 in Crime No.87 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that there are two accused in this case. On 18.04.2024, when the respondent police were in regular patrol duty, the other accused A1 was found in illegal possession of prohibited Pondicherry wine and spirit bottles and A1 has given statement that the petitioner also involved in the said offence. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and there is no previous case as against the petitioner. However, on instructions he would submit that without prejudice to his rights and defence, the petitioner is ready and willing to deposit a substantial amount to any charitable organisation as may be directed by this Court and he prayed to grant anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.side) appearing for the respondent police vehemently opposed for grant of anticipatory bail to the petitioner stating that the petitioner was found in illegal possession of 250 ltrs. of prohibited Pondicherry wine and spirit.

5. Heard both sides and perused the materials available on record.

6. In order to curb the illegal activities of selling illicit arrack and the voluntary submission made by the learned counsel for the petitioner, this Court is of the opinion that the petitioner shall be directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) as non refundable deposit to the credit of "District Legal Services Authority, Cuddalore District, without prejudice to his rights and contentions before the trial Court.

7. Merely, because the petitioner deposit the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

8. Taking into consideration the above facts and circumstances of the case and the submissions of both sides, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/4

9. Accordingly, the petitioner is directed make a payment of Rs.25,000/- (Rupees Five Thousand Only) by way of Demand Draft/RTGS/NEFT as a non-refundable deposit to the credit of "District Legal Services Authority, Cuddalore District" without prejudice to his rights and contentions before the trail Court and on such deposit and production of proof, 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 on which the order copy made ready, before the Judicial Magistrate Court No-II, Cuddalore, on condition that the petitioner shall execute a separate bond for a sum of Rs.

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. 3/4

K.KUMARESH BABU , J.

vum [c] the petitioner shall not tamper with 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]; and; [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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