Venkatesh v. The State Represented By

P.DHANABAL,J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(g) and 4(1-A) of TN Prohibition Act, in Crime No.577 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that during regular inspection/patrol conducted by the respondent police, they found that the petitioner was in possession of 200 Litres of ID Arrack wash. Hence, the complaint was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that petitioner was in illegal possession of 200 Litres of ID Arrack wash and there is one previous case similar in nature pending as against the petitioner. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

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5. Considering the submissions of both sides, nature of offence, quantity of material involved in the case, already the petitioner was released on bail in pending cases, 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 No.I, Attur 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 daily at 10.30 a.m for a period of 30 days.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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

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[d] 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 v. State of Kerala [(2005) AIR SCW 5560].

[e] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the B.N.S 29.08.2024 mfa To

1. The Judicial Magistrate No.I, Attur.

2. The Inspector of Police, PEW-Attur, Salem District.

3. The Public Prosecutor, High Court, Madras.

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P.DHANABAL,J.

mfa 29.08.2024 4/4