Salman @ Mohammed Yosuf v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2024
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL Salman @ Mohammed Yosuf ... Petitioner Vs.
The State represented by, The Inspector of Police, PEW-Perur Police Station, Coimbatore District.
(Crime No. 482 of 2024).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No. 482 of 2024 on the file of the respondent Police.
For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 24.06.2024, for the alleged offence punishable under Sections 4(1)(aaa), 1/6
4(1)(i), 4(1-A) of TNP Act, in Crime No.482 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner along with other accused persons were found in illegal possession of 822 numbers of liquor bottles. Hence the complaint.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He further submit that the detention order of the petitioner has been revoked by this Court in HCP.No.807 of 2024. He would further submit that the petitioner was arrested and is in judicial custody for more than 70 days and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are 11 accused in this case and the petitioner herein is ranked as A5. He further submit that the petitioner along 2/6
with other accused persons were found in illegal possession of 822 numbers of liquor bottles. He further submit that all the accused are friends and they purchased various branded liquor bottles from Pondicherry at a lower price and they mixed Atropine tablets in the liquor intending to sell them at a higher price in Pollachi. He further submitted that the petitioner has no previous cases, pending against him. Hence, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the nature of offence, quantity involved and considering the period of incarceration undergone by the petitioner, and also considering the fact that the petitioner has no previous cases pending against him, and also considering that the detention order under section 2(b) of the Tamil Nadu Act 14 of 1982 has also been revoked by this Court, and also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions.
3/6
7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate No.I, Pollachi, and on further conditions that:- [a] the petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.
[b] the petitioner shall not commit any offences of similar nature. [c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Judicial 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].
4/6
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
10.09.2024 drl To 1.The Judicial Magistrate No.I, Pollachi.
2.The Inspector of Police, PEW-Perur Police Station, Coimbatore District.
3.The Superintendent, Central Prison, Coimbatore.
4.The Public Prosecutor, High Court of Madras.
5/6
P.DHANABAL, J.
drl 10.09.2024 6/6