M.Malarvendan v. State Represented By

S.SOUNTHAR, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 4(1-A), 4(1)(a), 4(1)(i) of Tamil Nadu Prohibition Act, 1937 in Crime No.177 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 24.04.2024, when the respondent police was in regular patrol duty, the petitioner was found to be in possession of 52 brandy bottles. Hence, the complaint.

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. 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. 1/4

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 52 brandy bottles.

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.5,000/- (Rupees Five Thousand Only) as non refundable deposit to the credit of The Chief Justice Relief fund, High Court of Madras, without prejudice to his rights and contentions before the trial Court.

7. Merely, because the petitioner deposits 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 2/4

the case and the submissions of both sides, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

9. Accordingly, the petitioner is directed make a payment of Rs.5,000/- (Rupees Five Thousand Only) by way of Demand Draft/RTGS/NEFT as a non-refundable deposit to the credit of "The Chief Justice Relief fund, High Court of Madras, A/c.No.484101520, IFSC Code No: IDIB000M157, Indian Bank, High Court Branch" without prejudice to his rights and contentions before the trial 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 learned Judicial Magistrate, Sriperambadur 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 : 3/4

S.SOUNTHAR, J.

kas [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 Aadhar card or Bank pass Book to ensure their identity;

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

29.05.2024 kas 4/4