Jegan v. State Rep. By

Crl.O.P. No.20319 of 2024 P. DHANABAL.J., The petitioner apprehends arrest for the alleged offences under Sections 4(1-A), 4(1)(a), 4(i)(i) of the TNPT Act in Crime No.647 of 2024, on the file of the respondent police seeks anticipatory bail. 2.The case of the prosecution is that on 29.06.2024 at 19.00hrs the respondent police patrolling nearby the petitioner's residence, the respondent police found illegal possession of 10 liters of illicit arrack and 20 bottles of 180ml of MC brandy. Hence the case.

3. The learned counsel for the petitioner would contend that this petitioner already have two case, one case is disposed and another case is concerned, this petitioner was granted bail. This petitioner is an innocent person and he had not indulged in any illegal activities as alleged by the prosecution and he has been falsely implicated in this case by the respondent police and hence he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the respondent police patrolling nearby the petitioner's residence, the respondent police found illegal possession of 10 liters of illicit arrack and 20 bottles of 180ml of MC brandy. This petitioner has two previous cases and then he released on bail. However, the learned Government Advocate (Criminal Side) vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard both side and perused the materials available on record.

6. Considering the rival submissions on either side, considering the the nature of offence involved in this case and considering that already the petitioner was already granted bail in all other pending cases and other aspects, this court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

7.Accordingly, the petitioner is ordered to be released on anticipatory 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 District Munsif cum Judicial Magistrate, Thiruvennainallur 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 learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m for a period of four weeks and thereafter as and when required for interrogation;

[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 dissaude him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

[c] the petitioner shall not leave India without the prior permission of the Court.

[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 thereafter absconds, a fresh FIR can be registered under Section269 B.N.S.2023.

23.08.2024 gvn

P.DHANABAL,J gvn CRL OP.No.20319 of 2024 23.08.2024