Ramadass v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.05.2023

CORAM

THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP Ramadass ... Petitioner Vs.

State rep. by Inspector of Police Arni Taluk Police Station Thiruvannamalai District Crime No.344 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to release the Petitioner on bail in respect of Crime No.344 of 2023 pending investigation by respondent.

For Petitioner : Mr.T.Vijayan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/6

O R D E R

The Petitioner, who was arrested and remanded to judicial custody on 14.05.2023 for the offences punishable under Sections 4(1)(a) read with 4(1-A) (ii) of Tamil Nadu Prohibition Act, in Crime No.344 of 2023 on the file of the Respondent Police, seeks bail.

2. The case of the Prosecution is that on 14.05.2023, when the respondent police was on regular check up, the petitioner was found in illegal possession of 5 litres and 10 quarter bottles of Illicit Arrack. Hence, the case.

3. The learned Counsel appearing for the Petitioner would submit that the Petitioner is an innocent person and he has been falsely implicated in this case. He would also submit that the Petitioner has been suffering incarceration from 14.05.2023. Therefore, he prays for grant of bail to the Petitioner.

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4. The learned Government Advocate (Crl. Side) vehemently opposed for grant of bail to the petitioner stating that the petitioner was found in illegal possession of 5 litres and 10 quarter bottles of Illicit Arrack. However, he would submit that there is no previous case against the petitioner.

5. Heard the learned counsel for the Petitioner and the learned Government Advocate (Crl. Side) and perused the materials available on record including the First Information Report.

6. Considering the above facts and circumstances and the period of incarceration suffered by the Petitioner and also of the fact that there is no previous case against the petitioner, this Court is inclined to grant bail to the Petitioner with certain conditions:

7. Accordingly, the Petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 3/6

with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Arni, and on further conditions that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Judicial / Metropolitan Magistrate may obtain a copy of their Aadhar card or voter identity card or driving license or PAN card or Bank pass Book with photo affixed and attested by Bank Manager to ensure their identity;

(b) the petitioner shall co-operate with the pending investigation and report before the respondent police, daily at 10.30 a.m., until further orders; (c) the petitioner shall not influence, threaten or coerce the 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 Investigation Officer shall exercise the discretion to cancel the bail by approaching the Court of the learned Judicial Magistrate/Trial Court.

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(f) the learned Judicial Magistrate/Trial Court shall on application for cancellation of bail bond by the Investigation Officer shall pass appropriate orders as though bail granted by the learned Judicial Magistrate/Trial Judge himself/herself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g) if the Accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

25.05.2023 ksa-2/ssi To

1. The Judicial Magistrate, Arni

2. The Inspector of Police Arni Taluk Police Station Thiruvannamalai District

3. The Sub Jail, Polur.

4. The Public Prosecutor, High Court of Madras.

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SATHI KUMAR SUKUMARA KURUP ,J.

ksa-2/ssi Crl.O.P.No.12044 of 2023 25.05.2023 6/6