Karthi v. State By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Karthi ..Petitioner Vs.
State by Inspector of Police, Kilvelur Police Station, Nagapattinam District.
(Cr.No.271/2022) ..Respondent PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with Crime No.271 of 2022 on the file of the respondent.
For Petitioner : Mr.J.Jawahar For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 29.06.2022 for the offence under Sections 4(1)(i), 4(1)(aaa) 1/5
r/w 4(1-A) of TNP act in crime No.271 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner is alleged to have found in possession of 110 litres of I.D. Arrack in two polythene bags illegally. Hence, this complaint.
3. The learned Additional Public Prosecutor appearing for the respondent submitted that there is Goondas proposal as against the petitioner.
4. However, the learned counsel appearing for the petitioner states that revocation order has been passed by the Advisory Board in its G.O.Rt.No:3573 dated 14.06.2022 revoking the order of detention dated 12.02.2022.
5. Considering the above facts and circumstances of the case, and also the period of incarceration of the petitioner from the date of his 2/5
arrest i.e. 29.06.2022, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner shall deposit a sum of Rs.10,000/-(Rupees Ten Thousand only), by way of Demand Draft to the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai and on such deposit 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) with two blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Nagapattinam and on further conditions that :- [a] 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.10,000/-(Rupees Ten Thousand only), by way of Demand Draft to the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond;
[c] the petitioner shall report before the respondent police twice daily at 10.30 a.m. and 5.30 p.m., for a period of four weeks and thereafter, as and when required for interrogation. [d] the petitioner shall not abscond either during investigation or trial.
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[e] the petitioner shall not tamper with evidence or witness 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.
19.07.2022 mpl 4/5
G.K.ILANTHIRAIYAN, J.
mpl To 1.The Judicial Magistrate No.I, Nagapattinam.
2.The Inspector of Police, Kilvelur Police Station, Nagapattinam District.
3.District Jail, Nagapattinam.
4.The Public Prosecutor, High Court of Madras Crl.O.P.No.16898 of 2022 19.07.2022 5/5