Arivazhagan v. State Rep By

CRL OP. 30552 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-12-2024

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CRL OP. 30552 of 2024 ARIVAZHAGAN S/O.MARIMITHU, NO.816, VALLI AMMAN KOIL STREET, IKKADU VILLAGE, THIRUVALLUR DISTRICT.

PETITIONER(S) Vs STATE REP BY INSPECTOR OF POLICE, PULLARAMBAKKAM POLICE STATION, THIRUVALLUR DISTRICT.

CRIME NO.269 OF 2024 RESPONDENT(S) For Petitioner(s):

P.CHANDRA SEKAR M.SATHYASAI ESWARI M.VETRIVEL M.RAJKUMAR For Respondent(s):

PUBLIC PROSECUTOR

ORDER

This petition has been filed to enlarge the petitioner on bail in event of his arrest in crime No. 269 of 2024 pending on the file of the respondent police.

2. The case of the prosecution is that the petitioner has been illegally transported 46 bottles of brandy without valid permission. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Hence, he prays to allow this petition.

4. The learned Government Advocate (Crl. side) submits that the petitioner has illegally transported brandy bottles without any valid permit.

5. Considering the facts and circumstances of the case, and also the fact that investigation is almost completed. Hence, this court is inclined to grant anticipatory bail to the petitioner.

6 .Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Thiruvallur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 and on further condition

that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 on alternative days at 10.30 a.m., for a period of three months. Further, the petitioner shall deposit a sum of Rs.10,000/- to the credit of the registered Advocate Clerks' Welfare Association, Thiruvallur. (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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

12-12-2024 pbl TO INSPECTOR OF POLICE, PULLARAMBAKKAM POLICE STATION, THIRUVALLUR DISTRICT.