Manoharan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.07.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Manoharan

...Petitioner

Vs.

The State Rep by The Inspector of Police, Schoolagiri Police Station, Krishnagiri District.

(Crime No.355 of 2023) ...Respondent. PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.355 of 2023 on the file of respondent Police.

For Petitioner : Mr.K.Prabhakaran For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side) 1/7

ORDER

The petitioner, who was arrested and remanded to judicial custody on 22.06.2023 for the offences punishable under Section 4 (1) (a) r/w 1 (1-A) of TNP Act in Crime No.355 of 2023 on the file of the respondent police, seeks bail.

2.The learned counsel for the petitioner submitted that, petitioner is falsely implicated in Cr.No.355 of 2023 registered for the offences under Section 4 (1) (a) r/w 1 (1-A) of TNP Act. Petitioner is in judicial custody from 22.06.2023. Therefore, he prays for grant of bail to the petitioner.

3.In response, the learned Government Advocate (Criminal Side) submitted that petitioner was found in possession of 180 ml of Carnival XXX Rum and 30 Karnataka brandy pouch on 22.06.2023 at about 12.30 p.m. near Krishnagiri NH Road. He has no previous case pending. 4.Considered the rival submissions and perused the records. 2/7

5.Considering the fact that this is the first case registered against the petitioner under TNP Act and also the fact that he is in judicial custody from 22.06.2023 and the substantial part of investigation might have been over, this Court is inclined to grant bail to the petitioner.

6. Accordingly, 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 District Munsif cum Judicial Magistrate No.I, Hosur, 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 daily at 10.30.a.m., until further orders.

[c] the petitioner shall not abscond either during 3/7

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

13.07.2023 ep 4/7

To 1.The District Munsif cum Judicial Magistrate No.I, Hosur 2.The Inspector of Police, Schoolagiri Police Station, Krishnagiri District.

3.Sub Jail, Hosur 4.The Public Prosecutor, High Court of Madras 5/7

G.CHANDRASEKHARAN. J.

ep 6/7

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