Anbalagan v. The State Rep By Its

Crl.O.P.No.20432 of 2024 P.DHANABAL, J.

The petitioner apprehends arrest for the alleged offences under Sections 4(1)(A), 4(1)(E) of TNP Act in Crime No.537 of 2024, on the file of the respondent police seek anticipatory bail. 2.

The case of the prosecution is that basing on a secret information received, the family Dhaba of the petitioner was raided and the petitioner was found in possession of 26 quarter bottles of brandy without license from the competent authority. Hence, the complaint. 3.

The learned counsel appearing for the petitioner submits that the petitioner had not committed any offence as alleged and the petitioner had been falsely implicated in this case. He further stated that the petitioner was running a family Dhaba and his servant who is the second accused was only selling the brandy without his knowledge and hence, he prayed to grant anticipatory bail to the petitioner . 4.

The learned Government Advocate (Criminal Side) appearing

for the respondent police submitted that 26 quarter bottles of brandy without license was raided from the petitioner's family Dhaba and he further submitted that there is no previous case as against the petitioner and also considering the gravity of offence, he opposed for grant of anticipatory bail to the petitioner.

5.

Considering the representations made by both sides and taking into consideration of the fact that the petitioner was arrayed as accused only based on the confession statement given by the second accused and considering the nature of offences charged against the petitioner and that there is no previous cases as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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 (15) days from the date of receipt of a copy of this order before the Learned Judicial Magistrate Court, Tiruchengode, Namakkal District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (each) (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 report before the respondent police on every Saturday, for four weeks.

[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts of the Court or to any police officer. [c] the petitioner shall not leave India without the previous permission of the Court.

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

[e] the petitioner shall make himself/herself available for interrogation by a police officer as and when required. [f] 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/herself as laid

down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

23.08.2024 vca P.DHANABAL, J.

vca Crl.O.P.No.20432 of 2024 23.08.2024