Sarath@Marudamuthu v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.26073 of 2021 Sarath @ marudamuthu

...Petitioner

Vs State rep by The Inspector of Police, Kammapuram Police Station, Cuddalore- District.

(Crime. No: 104/2021)

...Respondent

PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in Crime No.104 of 2021 pending on the file of the respondent police.

For petitioner : Mr.K.Karuppaiyamooppanar For Respondent : Mr.N.S,Suganthan Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(a), 4(1-A) of Tamilnadu Prohibition Act, in Crime No. 104 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 30.05.2021, the respondent police officials were proceeding via Annai India Street, Gopalapuram and on seeing them, the accused escaped from a place where the respondent police conducted search and found 35 brandy bottles containing 180 ml. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submitted that the petitioner, on his own

volition, is ready and willing to contribute a sum of Rs.5,000/- to any charitable institution as may be directed by this Court and would pray for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent raised objections.

5. Considering the facts and circumstances of the case, 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, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate No-II, Virudhachalam, Cuddalore District, on condition that the petitioner shall execute 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 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 petitioner is directed to deposit a sum of Rs.

5,000/- (Rupees Five Thousand only) to the credit of the Dharma Salai, Vallalar Sathiyagnana Sabai, Vadalur, Cuddalore District, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier and shall produce the said receipt before the Court below. [b] 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.

[c] the petitioner is directed to report before the respondent police on every Wednesday at 10.30 a.m., until further orders. . [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 04/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE NO-II, VIRUDHACHALAM, CUDDALORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, CUDDALORE DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, KAMMAPURAM POLICE STATION, CUDDALORE DISTRICT.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

5 THE DHARMA SALAI, VALLALAR SATHIYAGNANA SABAI, VADALUR, CUDDALORE DISTRICT.

+1 CC to M/S.K.KARUPPAIYAMOOPPANAR Advocate on payment of necessary charges SR.NO.288 CRL OP.26073/2021 Date :04/01/2022 INBA▬07/01/2022