Vijaya v. State Rep Bythe Inspector Of Policepew Mangadu Police Station Chennai
Crl.OP.No.13129 of 2023 A.D.JAGADISH CHANDIRA, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(a), 4(1-A) TNP Act and 6(1), 7, 8 of Tamil Nadu Denatured Spirit Methyl Alcohol and Varnish (French Polish) rules 1959 in Crime No.254 of 2023, seeks anticipatory bail.
2. Based on the information, the respondent had conducted inspection in the godown situated at No.3 MS.Nagar, Kundrathur Main Road, Porur and they had seized 15 litres of Methanol without any valid permit.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner is the wife of one Shankar and her husband along with his friend one Dilli Babu had promoted a company in the name of Sri Kamatchi Renewable Energy Private Limited for the manufacture of bio-diesel. Other than being a share holder and a dormant Director in the company the petitioner is not directly involved in the day to day affairs of the company and she has not at all visited the premises. Further since Covid-19 pandemic, the factory was closed and there was no 1/5
manufacturing process and the petitioner now understands that the respondent has recovered methanol which was kept in the premises and the petitioner is added as an accused. The petitioner being a house wife is not aware of the availability of methanol in the premises and thereby he would seek anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that on specific information, the respondent police conducted inspection at No.3 MS.Nagar, Kundrathur Main Road, Porur, they found 50 litres of methanol illegally stored in the factory premises. Hence, he would vehemently oppose to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on records including the FIR.
6. Taking into consideration the facts and circumstances of the case, and the submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Metropolitan 2/5
Magistrate Court-X, Egmore, Chennai-8 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 petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/trial Court 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 every day at 10.30 a.m., for three weeks and thereafter every Saturday at 10.30 am., 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] Breach of any of the aforesaid conditions, the learned 3/5
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, 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 petitioner herein thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
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A.D.JAGADISH CHANDIRA, J.
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