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Madras High CourtCRL OP/8504/2016granted

E.Thanga Mariappan v. The Inspector Of Police

2016-04-15Honourable Mr Justice K. Kalyanasundaram2 pages

Crl.O.P.No. 8 5 0 4 of 2 0 1 6 K. KALYANA S U NDARAM, J.

The petitioner, who is arrayed as 2nd accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 4(i)(a) read with Section 24 of TNP Act, in Crime No.57 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is a bar owner and he was found in possession of brandy bottles illegally.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in the case and he has nothing to do with the alleged offence. Further, he would submit that the petitioner, to show his bona fide, volunteered and agreed to pay a sum of Rs.10,000/- [Rupees Ten thousands only] towards donation.

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

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. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thiruvottiyur, and on his executing a bond for a sum of Rs.10,000/- (Rupees

K.KALYANA S U NDARAM, J.

vs/rrg 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 Thousands only) towards donation to the the Principal, Government Higher Secondary School for Blind, Poonamallee, Chennai - 600 056, Mobile No.9585109379, by way of Demand Draft or Cheque, as volunteered and agreed by him before this Court, 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 daily at 10.00 a.m. until further orders. 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. 15.04.2016 vs/rrg Crl.O.P.No.8504 of 2016