R.Muthukumaran 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.21724 of 2021 R.Muthukumaran ... Petitioner Vs.

State Rep. by The Inspector of Police, PEW, Cuddalore.

(Cr.No.1336 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 Crime No.1366 of 2021 (pending investigation) on the file of respondent Police.

For petitioner : Mr.D.Balamurali For Respondent : Mr.N.S.Suganthan Government Advocate

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 465, 468, 471 of IPC r/w 4(1) (a) of TN Prohibition Act, in Crime No.1336 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has illegally allowed the second accused to print the TASMAC labels. Hence, a case was registered against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4. The learned Government Advocate submitted that there are two previous cases against the petitioner and he would further state that fake company name was printed in the Alcohol Bottle. Hence, he vehemently grant anticipatory bail to the petitioner.

5. Taking into consideration the nature of allegations against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, 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 Judicial Magistrate No.III, Cuddalore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties 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 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 as and when required for interrogation.

[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.

[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 persons thereafter abscond, 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.

TO 1 THE JUDICIAL MAGISTRATE, NO.III, CUDDALORE 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE(FOR INFORMATION) 3 INSPECTOR OF POLICE, PEW, CUDDALORE DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.BALAMURALI Advocate on payment of necessary charges CRL OP.21724/2021 Date :19/11/2021 RVR 23/11/2021