Vanitha v. The Inspector Of Police,

A.D.JAGADISH CHANDIRA , J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(a), 4(1-A) of TNP Act in Crime No.175 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners were found in illegal possession of 50 litres of ID arrack. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would also submit that without prejudice, the petitioners are ready and willing to deposit a sum of Rs.15,000/- as non- refundable deposit to any welfare scheme of the Government and hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioners were found in possession of 50 litres of ID arrack. He would further submit that the petitioners have no previous cases pending against them. Hence, he vehemently opposed to grant anticipatory bail to the petitioners. 5.Heard the learned counsel and perused the entire materials available on record including the First Information Report.

6. In order to curb the illegal activities of transporting illicit arrack, this Court is of the opinion that the petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only) as non refundable deposit to "The Dean / Medical Officer, Government Medical College and Hospital, Mundiyampakkam, Villupuram District, without prejudice to his rights and contentions before the trial Court. 8.Merely, because the petitioners 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.

9.Taking into consideration the facts and circumstances of the case and also taking note of the fact that the petitioners are prepared to deposit Rs.15,000/- to any welfare scheme of the Government, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

10.Accordingly, the petitioners are directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) by way of Demand Draft/RTGS/NEFT to the "The Dean / Medical Officer, Government Medical College and Hospital, Mundiyampakkam, Villupuram District,", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Villupuram on condition that the petitioners shall execute separate 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 daily at 10.30 a.m., until further orders.

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

15.06.2023 drl A.D.JAGADISH CHANDIRA , J.

drl 15.06.2023