Sangeetha v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2023

CORAM

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

The State represented by, The Inspector of Police, Kandachipuram Police Station, Villupuram District.

(Crime No.155 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with Crime No.155 of 2023, pending investigation on the file of the respondent Police. For Petitioner : M/s.Eswar Kumar and Rao For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 19.05.2023, for the offences punishable under Sections 4(1)(a), 4(1-A) of Tamil Nadu Prohibition Act, in connection with Crime No.155 of 2023, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on receipt of secret information, the respondent Police and his team went to the scene of occurrence and conducted a search, wherein, they found that the accused was in illegal possession of 5 litres of ID arrack and 8 nos. of brandy bottles (each 180 ml). Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case, since she has got some previous cases. He further submitted that the petitioner is in no way connected with the alleged offence, whereas, she is in custody from 19.05.2023. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court Hence, he prayed for grant of bail to the petitioner. 2/6

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner was found to be in illegal possession of 5 litres of ID arrack and 8 nos. of brandy bottles (each 180 ml). He further submitted that nine previous cases of similar nature are pending as against the petitioner. Therefore, he opposed to grant bail to the petitioner.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to her defense and contention, is ready and willing to make a non-refundable deposit of Rs.25,000/- to any welfare scheme run by the Government or any other organization. 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 "Manonmani Trust", without prejudice to her rights and contentions before the trial Court.

8. Merely, because the petitioner deposits 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 undergone by this 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) to the credit of "Manonmani Trust, Account Number : 9945983362, IFSC Code : KKBK0000469, Kotak Mahindra Bank, Anna Nagar Branch", without prejudice to her rights and contentions before the trial Court, on such deposit and production of proof, 4/6

the petitioner is ordered to be released on bail on her 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, Thirukovilur, 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.

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

28.06.2023 ham To

1. The Judicial Magistrate, Thirukovilur.

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

3. The Central Prison, Women's Jail, Vellore.

4. The Public Prosecutor, High Court of Madras.

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