Natarajan v. State Rep By Inspector Of Police
G.K.ILANTHIRAIYAN, J.
The petitioner, who apprehends arrest for the alleged offences under Sections 4(1)(aaa) r/w 4(1-A) of the of T.N.P. Act, in Crime No.485 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner was illegally transported 285 ltrs of Pondy Arrack by car. Hence, the complaint was registered.
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. On instructions, he would further submit that the petitioner is ready to deposit an amount of Rs.25,000/- (Rupees Twenty Five Thousand only) to the Adyar Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, and prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that the petitioner was transported 285 ltrs of Pondy Arrack. He would also submit that the petitioner has no previous cases against him. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. 5.Taking into consideration the facts of the case and the submissions made by the learned counsels and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.25,000/- (Rupees Twenty Five Thousand only) to the Adyar Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) directly to the Adyar Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, and on such deposit 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-I, Mayiladuthurai, 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 may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b]the petitioner shall deposit a sum of Rs.
25,000/- (Rupees Twenty Five Thousand only) directly to the Adyar Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai, to enable the Dean to use the aforesaid amount for the purpose of treating the alcohol influenced patients. [c] the petitioner shall report before the respondent police daily at Morning 10.30 a.m and Evening 5.30 p.m for a period of four weeks and thereafter as and when required for interrogation. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
13.07.2022 ata
G.K.ILANTHIRAIYAN, J.
ata 13.07.2022