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Madras High CourtCRL OP/23329/2021disposed of

Sheik Pandian v. The State Represented By Its

2021-12-03Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.12.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.23329 of 2021

1. Sheik Pandian

2. Sundarrajan

3. Muthumani ... Petitioners Vs.

State represented by its Inspector of Police Prohibition Enforcement Wing (PEW) Dharmapuri (Cr.No.1138 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Crime No.1138 of 2021 on the file of the respondent police. For Petitioners : Mr.R.Karthikeyan For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 10.11.2021 for the offences under Sections 4(1)(aaa), 4(1) (g), 4(1)(b) read with 4(1-A) TNP Act and 468, 471 and 420 IPC, in Crime No.1138 of 2021 on the file of the respondent police seek bail.

2. The case of the prosecution is that on the date of occurrence, the accused were in possession of 3000 litres of fermented ingredients, 5 litres of country made arrack and other accessories relating to manufacturing of arrack. Hence, the complaint.

3. The learned Counsel for the petitioners submitted that the petitioners are innocent persons and the 1st petitioner is running a factory after obtaining a valid licence from the FSSAI and that the 2nd

and 3rd petitioners are working under the 1st petitioner and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners have been suffering incarceration for more than 20 days from 10.11.2021. Hence, he seeks for grant of bail to the petitioners.

4. The learned Government Advocate (Crl. Side) raised strong objection stating that the 1st and and 2nd petitioners have got 5 previous cases and there is a proposal for Goondas against them but admits that there is no previous case against the 3rd petitioner.

5. Considering the fact that the 1st and and 2nd petitioners have got 5 previous cases and there is a proposal for Goondas against them, this Court is not inclined to grant bail to them. Accordingly, the petition is dismissed insofar as the 1st and 2nd petitioners are concerned.

6. Since there is no previous case against the 3rd petitioner and also considering the period of incarceration undergone by her, this Court is inclined to grant bail to the 3rd petitioner with certain conditions.

6. Accordingly, the 3rd 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 learned Judicial Magistrate, Palacode, Dharmapuri District, and on further conditions that: (a)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 3rd petitioner shall report before the respondent police on every Sunday at 10.30 a.m. until further orders.

(c)the 3rd petitioner shall not tamper with evidence or witness either during investigation or trial; (d)the 3rd 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 3rd petitioner in accordance with law as if the conditions have been imposed and the 3rd 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 03/12/2021 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, PALACODE, DHARMAPURI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING (PEW), DHARMAPURI.

4 THE SUPERINTENDENT, CENTRAL PRISON, DHARMAPURI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.R.KARTHIKEYAN Advocate on payment of necessary charges SR.NO.14042 CRL OP.23329/2021 Date :03/12/2021 JPA 03/12/2021