Dhanapal v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Dhanapal ... Petitioner Vs.

State by, The Inspector of Police, Villupuram Town Police Station, Villupuram District.

(Crime No.171 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail pending investigation in Crime No.171 of 2023, on the file of the respondent Police. For Petitioner : Mr.D.Ashokkumar For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 17.05.2023, for the offences punishable under Sections 4(1-A), 4(1)(a) of Tamil Nadu Prohibition Act, in Crime No.171 of 2023, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that when the respondent and his team were on their regular patrol duty, they found that the accused was in illegal possession of 10 litres of illicit arrack. Hence the case.

3. Learned Counsel for the petitioner submitted that this is the second application for bail filed by the petitioner before this Court and this Court had dismissed the earlier bail application in Crl.OP.No.13107 of 2023 vide order dated 14.06.2023 stating that the petitioner has got several previous cases. He further submitted that the petitioner is aged about 70 years and he is in custody from 17.05.2023 and he is ready to abide by any stringent condition that may be imposed by this Court. Therefore, he prayed for grant of bail to the petitioner.

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4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner was found to be in illegal possession of 10 litres of illicit arrack. He further submitted that 20 previous cases are pending against the petitioner, out of which, 16 cases are similar in nature, 3 cases are registered for the offence under NDPS Act and one case is registered under COTPA Act. Hence, he vehemently opposed for grant of bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.25,000/- to any welfare scheme run by the Government. Hence, he prays for grant of bail to the petitioner.

6. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

7. On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of 3/6

Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of "The Dean/Medical Officer, Government Villupuram Medical College and Hospital, Mundiyampakkam, Villupuram District", without prejudice to his rights and contentions before the trial Court.

8. Merely, because the petitioner has deposited the said amount, it would not amount to admission of her 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, the submissions made by the learned counsel on either side and also considering the period of incarceration and also the age of the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

10. Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) directly to the credit of "The Dean/Medical Officer, Government Villupuram Medical College and Hospital, Mundiyampakkam, Villupuram District", without prejudice to his rights 4/6

and contentions before the trial Court, and on such deposit and production of proof, 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 sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Villupuram, 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 report before the respondent Police, everyday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 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]; 5/6

A.D.JAGADISH CHANDIRA.,J.

drl [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

10.07.2023 drl To

1. The Judicial Magistrate No.I, Villupuram.

2. The Inspector of Police, Villupuram Town Police Station, Villupuram District.

3. The District Jail, Villupuram.

4. The Public Prosecutor, High Court of Madras.

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