Latha v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.21773 of 2021 Latha ... Petitioner Vs.

State rep. by The Inspector of Police, P.E.W. Wing Villupuram, Villupuram.

(*)Crime No.699 of 2021 ... Respondent PRAYER: Criminal Original Petition has been filed under Section 438 of Cr.P.C praying to enlarge the petitioner on anticipatory bail in the event of arrest pending investigation in (*)Crime No.699 of 2021 on the file of respondent police.

For petitioner : Mr.M.Karthik For Respondent : Mr.N.S.Suganthan Government Advocate CRL.OP.NO.21773/2021, Dated:19/11/2021 MR.A.GOKULAKRISHNAN Additional Public Prosecutor [CRL.MP.NO.13764/2021 IN CRL.OP.NO.21773/2021] Dated:20/12/2021

ORDER

(The case has been heard through video conference) The petitioner, who apprehend arrest for the alleged offences under Sections 4(1-A), 4(1) (aa) of TNP Act, in (*)Crime No.699 of 2021, on the file of the respondent police, seek anticipatory bail.

2. Heard both sides.

3. The case of the prosecution is that the petitioner was found in illegal possession of 60 litres of I.D Arrack.

4. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case. However, on instructions, she submitted that the petitioner is ready and willing to deposit any amount as imposed by this Court and prays for grant of anticipatory bail to the petitioner.

5.The learned Government Advocate would submit that the petitioner was illegally possession of 60 liters of I.D Arrack. He would further state that there are four previous cases pending against the petitioner.

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsels and taking note of the fact that the petitioner is ready and willing to deposit any amount as imposed by this Court, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions: 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate Court No.I, Villupuram, within a period of 15 days from the date of receipt of a copy of this order, on their executing a separate 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] the petitioner shall make non-refundable deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) through demand draft to the Registered Advocates Clerks Association, Villupuram, without prejudice to his defence before the trial Court and the learned District Munsif cum Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner; [b] 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; [c] the petitioner shall report before the respondent police as and when required for interrogation;

[g] the petitioner shall not abscond either during investigation or trial.

[h] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[i] 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 is 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 [j] if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 19/11/2021 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.

(*)Amended as per order of this court dated 20/12/2021 made in CRL.MP.NO.13764/2021 IN CRL.OP.NO.21773/2021. TO 1 THE JUDICIAL MAGISTRATE, NO.I, VILUPPURAM 2 THE CHIEF JUDICIAL MAGISTRATE VILUPPURAM [FOR INFORMATION] 3 STATE REP BY THE INSPECTOR OF POLICE, P.E.W. WING VILLUPURAM, VILLUPURAM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE REGISTERED ADVOCATES CLERKS ASSOCIATION, VILUPPURAM +1CC to M/S.M.KARTHIK Advocate on payment of necessary charges SR.No.15283 CRL OP.21773/2021 Date :19/11/2021 APN 24/11/2021 CSK 12/01/2022