A.Palanisamy @ Sathish v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL A.Palanisamy @ Sathish ... Petitioner Vs.

The State represented by, The Inspector of Police, Karumathampatty Police Station, Coimbatore District.

(Crime No.318 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.318 of 2024 on the file of the respondent Police.

For Petitioner : Mr.S.Vinothkumar For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 17.07.2024, for the alleged offences punishable under Section 4(1)(a) of 1/6

Tamil Nadu Prohibition Act, 1937 and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.318 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 10 numbers of liquor bottles. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, since he has got some previous cases. He has not committed any offence as alleged in FIR. The petitioner was arrested and is in judicial custody for more than 20 days and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police would contend that the petitioner was found to be in illegal possession of 10 numbers of Express Brandy bottles each containing 180 ml. He would further submit that during investigation, it was revealed that the accused bought the above brandy bottles from Tasmac and sell the same to 2/6

the school students for his personal gain. He further submitted that the petitioner has 17 previous cases of similar in nature, pending against him, and thereby, he strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions of the learned counsel of either side and considering the nature of offence, the period of incarceration undergone by the petitioner and also considering that though the petitioner has 17 previous cases, in all of the cases, he has been released on bail and considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions.

7. 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 Judicial Magistrate Court, Sulur, Coimbatore District, and on further conditions that :- 3/6

[a] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.

[b] the petitioner shall not commit any offences of similar nature. [c] the petitioner shall not abscond either during 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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

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T0 1.The Judicial Magistrate Court, Sulur, Coimbatore District.

2.The Inspector of Police, Karumathampatty Police Station, Coimbatore District.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

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