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Madras High CourtCRL OP/7376/2016granted

M.Devaki v. State Rep By

2016-04-04Honourable Mr Justice K. Kalyanasundaram3 pages

Crl.OP.No.7376 of 2016 K.KALYANASUNDARAM,J.

The petitioner, who is arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1-A), 4 (1-aaa) of T.N.P.Act, in Crime No.94 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in possession of 105 litres of I.D. arrack illegally.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in the case and she has nothing to do with the alleged offence. He further submitted that the petitioner, to prove her bonafide, agreed to donate a sum of Rs.10,000/- (Rupees Ten Thousand only) towards donation.

4. The learned Government Advocate (Crl. side) would submit that the entire contraband were seized and the petitioner has no previous case.

5. Considering the facts and circumstances of the case and further considering that the entire contraband were seized, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

K.KALYANASUNDARAM,J., sms 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate No.I, Villupuram, and on her 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 learned Magistrate concerned and on further condition that the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) by way of Demand Draft/Cheque drawn in favour of "Shiri Saradha Sakthi Peetam, 72, Kamaraj Highways Old Perungalathur, Chennai, Tamil Nadu - 600 063. Ph. 044 2276 0612" towards donation within a period of two weeks from the date on which, the copy of the order is made ready and the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

04.04.2016 sms

Crl.O.P.No.7376 of 2016