Theerthamalai v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Theerthamalai ... Petitioner Vs.

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

(Crime No.488 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.488 of 2024 on the file of the respondent Police.

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

O R D E R

The petitioner, who was arrested and remanded to judicial 1/6

custody on 27.06.2024, for the offences punishable under Section 4(1)(a), 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.488 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 25 liquor bottles mixed with some other substances to enhance the toxic level and used to sell them to the general public. Hence the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, as he was in possession of 25 numbers of liquor bottles. The alleged occurrence took place on 27.06.2024 and the petitioner was arrested on the very same day. He has not committed any offence as alleged in the FIR. He is in custody for more than 40 days. 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 25 numbers of liquor bottles and the petitioner mixed with 2/6

some other substances in the liquor to enhance the toxic level. He further submitted that the petitioner has one previous case of similar nature 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 submission made by the learned counsel of either side and also considering the nature of offence and also considering the period of incarceration undergone by the petitioner, 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, Sulur, and on further conditions that :- [a] the petitioner shall report before the Judicial Magistrate No.I, Villupuram, everyday at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.

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[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 229A IPC.

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TO 1.The Judicial Magistrate, Sulur.

2.The Inspector of Police, Sulur 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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