Palani v. The State Rep By

G.CHANDRASEKHARAN.

J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 4(1)(g), 4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.113 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. Learned counsel for the petitioner submitted that petitioner is falsely implicated in Crime No.113 of 2023, for the offences under Sections 4(1)(g), 4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act. He further submitted that petitioner has no connection in this case and he has not committed any offence as alleged in the FIR and prays for anticipatory bail for the petitioner.

3. Learned Government Advocate (Crl.side) submitted that on 28.05.2023, at about 12 p.m., when the police party were in their routine supervision, on seeing the police party, petitioner ran away from the spot. On search, respondent police seized 1200 litres of fermented wash, 40 litres of ID arrack and 125 Kgs of Jaggery from the scene of occurrence.

He further submitted that petitioner has no previous case pending against him. However, he prays for dismissal of this petition. 4.Considering the nature of allegations made against the petitioner and that the petitioner has no previous case pending against him, this Court is of the view that custodial interrogation of the petitioner is not necessary and the 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, Sangarapuram, 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 petitioner and 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 without prejudice to his defence shall deposit a non-refundable sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to Kilpauk Medical College and Hospital, Kilpauk, Chennai "Hospital Maintenance Fund" Canara Bank, Kilpauk Branch. A/c.No.1650101005396, IFSC Code :- CNRB0001650 MICR Code :- 600015050 and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond; It is made clear that merely because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

[c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond 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.

19.07.2023 sli

G.CHANDRASEKHARAN.

J.

sli 19.07.2023