Ramalingam v. Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 4(1)(a), 4(1-A) of TN Prohibition Act in Crime No.241 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that, petitioner is innocent and he has been falsely implicated in a case registered for the alleged offences under Sections 4(1)(a), 4(1-A) of TN Prohibition Act in Crime No.241 of 2023. Petitioner was not at all present in the scene of crime. Apprehending arrest, this petition is filed.

3. In response, learned Government Advocate (Crl. Side) submitted that, when respondent police mounted a search near Kachirayapalyam, they found that on 08.06.2023 at about 06.30.a.m., they found that the accused was found in suspicious circumstances. On seeing the police, he escaped from the scene. On search, 30 litres of ID arrack was found in 40 litres tube. He further submitted that, investigation in this case is pending.

4. Considering the nature, facts and circumstances of the case and the contraband was not seized in the presence of the petitioner and it is alleged that the petitioner escaped from the scene of occurrence and only after enquiry, his identity came to be known to the respondent police, this Court is inclined to grant anticipatory bail to the petitioner for the reason that custodial interrogation of the petitioner is not necessary.

5. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Kallakurichi on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 nonrefundable 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; Payment of this amount will not amount to admission of guilt of the petitioner. [c] the petitioner shall report before the respondent police daily at 10.30.a.m., until further orders.

[d] the petitioner shall not abscond either during investigation or trial.

[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. 13.07.2023 sma

G.CHANDRASEKHARAN.

J.

sma 13.07.2023