Kumar v. State By

Crl.O.P.No. 9 4 7 8 of 2 0 1 6 K. KALYANA S U NDARAM, J.

The petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(a) r/w 4(1-A) of TNP Act, in Crime No.131 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 3 bottles of 750 ml day time brandy 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.5,000/- [Rupees Five 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 No.II, Krishnagiri, and on his executing a bond for a sum of Rs.10,000/-

K. KALYANA S U NDARAM, J., rrg (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.5,000/- (Rupees five Thousands only) towards donation to "CHILD CARE FOUNDATION" No.3, 4th Cross Street, Krishna Nagar, Pammal, Chennai - 600 075, Mobile No.72000 37832, 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. 26.04.2016 rrg Crl.O.P.No.9478 of 2016