Vijayapraba v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2024

CORAM

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

The State represented by, The Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai District.

(Crime No. 253 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, pending investigation in Crime No. 253 of 2024 on the file of the respondent Police. For Petitioner : Mr.R.Balakrishnan 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 25.07.2024, for the alleged offence punishable under Sections 4(1)(aaa) r/w 4(1-A), (ii) of TNP Act, in Crime No. 253 of 2024, on the file of the 1/6

respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 210 litres of I.D. Arrack. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case, since she has got some previous cases. She has not committed any offence as alleged in the FIR. He further submit that the co-accused have been released on bail. He would further submit that the petitioner was arrested and is in judicial custody for more than 35 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 submitted that there are four accused in this case and the petitioner herein is ranked as A1. He further submit that the petitioner along with other accused were found in illegal possession of 210 litres of I.D. 2/6

Arrack. He further submitted that the petitioner has 16 previous cases, including IPC cases, pending against her. Hence, he 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 nature of offence, quantity involved and considering the period of incarceration undergone by the petitioner, and considering the fact that the co-accused was also released on bail, and also considering that though the petitioner has 16 previous cases, in some of the cases she was acquitted and in other cases, she has been released on bail, and also 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 her 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 No.II, Thiruvannamalai, and on further conditions that:- 3/6

[a] the petitioner shall report before the Vellore Town Police Station, 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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1.The Judicial Magistrate No.II, Thiruvannamalai.

2.The Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai District.

3.The Superintendent, Sub Jail, Thiruvannamalai.

4.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

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