Balamurugan v. The State Rep By
A.D.JAGADISH CHANDIRA , J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(aa),4(1A), 14 A of Tamil Nadu Prohibition Act in Crime No.1295 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that on 18.07.2022, when the respondent police were on patrol duty, the petitioner was found to be in possession of 2 bags of illicit arrack. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is only a driver of the vehicle and he don't have the knowledge about the liquor bottles and further there is no previous case against the petitioner. He would further submit that without prejudice to his contentions, the petitioner is prepared to deposit a sum of Rs.20,000/- towards any Welfare Scheme of the Government. Therefore, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner was found to be in possession of 2 bags of illicit arrack. He would further submit that the respondent police had recovered the illicit arrack. He would also submit that there is no previous case as against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration the facts of the case and the submissions made by the learned counsel, and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.20,000/- to the any Welfare Scheme of the Government, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. However, it is made clear that merely, because the petitioner deposit the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently.
6. Accordingly, the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Five Thousand only) by way of Demand Draft to the Dean,
Rajiv Gandhi Government General Hospital, Chennai, and on such deposit, 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 Judical Magistrate No.III, Cuddalore, 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 automatically 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 shall report before the respondent police daily at 10.30 a.m., until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
A.D.JAGADISH CHANDIRA , J.
shk [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.
14.09.2022 shk