Seenivasan v. State Rep By
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(aaa) of IPC in Crime No.114 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on secret information, the respondent police have made a search in Ezhuthur Village. During the search, the petitioners were found to be in possession of 120 Litres of Arrack in four lorry tyre tubes. Hence, the case.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would submit that there is no previous case pending against the petitioners and without prejudice, the petitioners are prepared to deposit a sum of Rs.10,000/- towards any Welfare Scheme of the Government. Therefore, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (crl.side) appearing for the respondent would submit that the petitioners were found to be in possession of 120 Litres of Arrack in four lorry tyre tubes. He would also submit that there is no previous case as against the petitioners. However, he vehemently opposed to grant of anticipatory bail to the petitioners.
5. Heard the learned counsel for both sides and perused the materials placed on record.
6. Taking into consideration of the facts and circumstances of the case and the submissions made by the learned counsel and also taking note of the fact that the petitioners have come forward to deposit an amount of Rs.10,000/- to the any Welfare Scheme of the Government, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. However, it is made clear that merely, because the petitioners deposit the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case
independently.
7. Accordingly, the each of the petitioners shall deposit a sum of Rs.10,000/-(Rupees Ten Thousand only) as non refundable deposit to the credit of the Dean, Government Hospital, Mundiampakkam, Villupuram, and on such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sankarapuram, on condition that the each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that : [a] the petitioners and 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 Section 229A IPC.
11.10.2022 gd/mpl
A.D.JAGADISH CHANDIRA, J.
gd 11.10.2022