Thenmozhi v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fifth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19503 of 2021 1 THENMOZHI [ PETITIONERS / ACCUSED ] 2 MANIMEGALAI 3 SAHUL HAMEED Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KEEVALUR POLICE STATION, NAGAPATTINAM DISTRICT.

CRIME NO.1073 OF 2021.

For Petitioner : M/S.D.ARUN Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under sections 4(1)(aaa) r/w 4(1-A) of Tamil Nadu Prohibition Act and Section 109 of IPC, in Crime No.1073 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners were in possession of 110 litres of Distillation of Arrack. Hence the complaint was registered by the Law Enforcing Agency. 3.The learned counsel appearing for the petitioners submits that on the same day three cases have been registered in different crime numbers for the same quantity. He further submits that the petitioners

did not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. However, on instructions, the learned counsel further submitted that the petitioners, on their own volition, is ready and willing to contribute a sum of Rs.10,000/- for the purpose of improving and maintaining the Government Schools. 4.The learned Government Advocate (Crl.Side) submitted that petitioners were found in illegal possession 110 litres of Distillation of Arrack. Hence, he opposed grant of anticipatory bail to the petitioners.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No - I, Nagapattinam, Nagapattinam District on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a) if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically canceled; (b) the petitioners shall make a non-refundable deposit of Rs.

(c)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (d)the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

(e)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioners shall not abscond either during investigation or trial;

(g)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners 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]; and; (h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

7. In the result, this Criminal Original Petition is ordered and the Chief Educational Officer shall submit the necessary proof with regard to the expenditure incurred for the improvement/rehabilitation of the Schools in the District before the Director of School Education as and when such works are completed by utilizing the money as ordered by this Court.

-sd/- 25/10/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE COURT, NO.I, NAGAPATTINAM, NAGAPATTINAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, KEEVALUR POLICE STATION, NAGAPATTINAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE CHIEF EDUCATIONAL OFFICER NAGAPATTINAM DISTRICT.

+1 CC to M/S.D.ARUN Advocate on payment of necessary charges SR.NO.11727 CRL OP.19503/2021 Date :25/10/2021 JPA 12/11/2021