Murugan v. The State Represented By

Crl.O.P.No.20296 of 2024 P.DHANABAL, J.

The petitioner apprehends arrest for the alleged offences under Sections 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act and Section 24 of the Tamil Nadu Prohibition Act in Crime No.1142 of 2024, on the file of the respondent police seeks anticipatory bail. 2.

The case of the prosecution is that the on 15.08.2024, when the complainant Inspector of Police and other police officer were patrolling near kongu Main Road, M.S.Nagar, a bar which is near TASMAC No. 1939. In the said area was crowded by people and the said crowd ran away after seeing the complainant and other police officer. When the complainant and other police officers entered the premises of the bar, they witnessed a pile of liquor bottles in a room, following which the complainant enquired one Senthilkumar who is an employee of the said Bar and he confessed that on account of Independence Day, the petitioner has already brought and stocked a good amount of liquors from the supervisor of the above said TASMAC and planned to sell it for a 1/5

higher price. 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 submits that the liquor bottles witnessed by the police officers are belonging to the TASMAC Shop No.1939 goods and which was placed in the room by the TASMAC employers and the petitioner is not selling the same. He further submitted that the petitioner is willing to furnish substantial sureties for his due release and abide by any condition that may be imposed by this Court and therefore, he prayed to grant anticipatory bail to the petitioner . 4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the on account of Independence day, the petitioner has already brought and stocked a good amount of liquors from the supervisor of the TASMAC and planned to sell it for a higher price and further, considering the gravity of offence, he opposed for grant of anticipatory bail to the petitioner. 2/5

5.

Considering the representations made by both sides and considering the nature of offences charged against the petitioner and considering the quantity of materials involved in this case, and no previous case is pending against the petitiioner, 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/her appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the Judicial Magistrate I, Tiruppur, on condition that the petitioner shall execute 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 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 from disclosing such facts of the Court or to any police officer.

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[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 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.

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P.DHANABAL, J.

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