K.Muthusamy v. State Rep By
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest for the alleged offences under Sections 4(1)(a), 4(1-A) of TNP Act, in Crime No.233 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that the petitioner was found in illegal possession of 31 litres of illicit liquor and the same was also sold in his house. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioner is an innocent and he has been falsely implicated in this case. On instructions, he would further submit that without prejudice to his rights, the petitioner is prepared to deposit a sum of Rs.10,000/- to the Government for any welfare purpose and he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioner was found in illegal possession of 31 litres of illicit liquor and the same was also sold in his house Hence, he vehemently opposed to grant anticipatory bail to the petitioner. 1/4
5. Taking into consideration the facts and the submissions made the and the petitioner is ready and willing to deposit a sum of 10,000/- to the Government for any welfare purpose and there is no previous case, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is directed to deposit a sum of Rs.
10,000/- (Rupees Ten Thousand only) as non-refundable deposit either through RTGS/NEFT or in cash in favour of "The Dean, Government Medical College Hospital, Krishnagiri" and on such deposit, the petitioner is ordered to be released on 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 Judicial Magistrate Court, Uthangarai, Krishnagiri District on condition that the petitioner shall execute a bond for a sum of Rs.
[a] the petitioner 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 petitioner shall report before the respondent police every day at 10.30 a.m for a period of four weeks and thereafter on every Saturday at 10.30 a.m., until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[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 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].
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
7. With the above directions, this Criminal Original Petition is ordered.
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A.D.JAGADISH CHANDIRA, J.
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