Pushparaj v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2023

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Pushparaj .. Petitioner Vs.

The State Rep.by The Inspector of Police, PEW Tindivanam Police Station, Villupuram District.

Crime No.215 of 2023 .. Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in the above said Crime No.215 of 2023 pending investigation on the file of the respondent police. For Petitioner : Mr.R.Dinesh Kumar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) ******** 1/4

O R D E R

The petitioner herein was arrested on 04.06.2023 for the alleged offence under Section 4(1)(a), 4(1-A) of T.N.P. Act in Crime No.215 of 2023, on the file of the respondent police, seeks bail. 2.

Learned counsel for the petitioner states that the petitioner was arrested on 04.06.2023 for being possession of 5 litres of ID arrack. 3.

Learned Government Advocate (Crl. Side) states that the petitioner is having six previous cases, out of which, 5 already disposed of. 4.

Considering the quantity of the ID arrack recovered from the petitioner herein, this Court is inclined to grant bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 2/4

each for a like sum to the satisfaction of the Judicial Magistrate Court, No.II, Tindivanam.

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner is directed to report before the Investigating Officer on 1st and 15th of every month, until filing of final report.

(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 Judicial 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];

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Dr.G.JAYACHANDRAN,J.

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

06.07.2023 AT To 1.The Judicial Magistrate Court, No.II, Tindivanam. 2.The Inspector of Police, PEW Tindivanam Police Station, Villupuram District.

3.The Superintendent of Prison, Sub Jail, Tindivanam.

4.The Public Prosecutor, High Court, Madras.

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