Anjalai v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

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

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

(Crime No.241 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail, in Crime No.241 of 2023, on the file of the Inspector of Police, Arakandanallur Police Station, Villupuram District.

For Petitioner : Mr.R.Baskar For Respondent : Mr.S.Vinoth Kumar, Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 20.05.2023, for the offences punishable under Sections 4(1)(a), 4(1-A) of TNP Act in Crime No.241 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.13214 of 2023 vide order dated 14.06.2023. He further submitted that the petitioner is in custody from 20.05.2023 and she 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 the petitioner is a habitual offender, against whom 30 previous cases are pending, out of which 16 cases are disposed of. 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 her defense and contention, is ready and willing to deposit an amount of Rs.20,000/- 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) and also 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 Rs.20,000/- (Rupees Twenty Thousand only) to the credit of "The 3/6

Dean/Medical Officer, Government Villupuram Medical College and Hospital, Mundiyampakkam, Villupuram District", without prejudice to her 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 and the period of incarceration suffered by the petitioner and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.20,000/- to the credit of "The Dean/Medical Officer, Government Villupuram Medical College and Hospital, Mundiyampakkam, Villupuram District", this Court is inclined to grant bail to the petitioner.

10. Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) directly to the credit of "The Dean/Medical Officer, Government Villupuram Medical College and Hospital, Mundiyampakkam, Villupuram District", without prejudice to her 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 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.

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, Thirukovilur.

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

3. The Special Prison for Women, Vellore.

4. The Public Prosecutor, High Court of Madras.

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