Madhubala @ Madhumala v. State Rep.By Its
C.V.KARTHIKEYAN , J.
The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Section 4(1-A) of TN Prohibition Act in Crime No.261 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. It is the submission of the learned counsel for the petitioner that the petitioner has been falsely implicated as an accused in Crime No.261 of 2023 registered for the offences under Section 4(1-A) of TN Prohibition Act. Thus, he prays for grant of anticipatory bail to the petitioner.
3. It is stated that the petitioner was in possession of 5 bottles (180 ML) moniter. It is also stated that as many as 180 moniter bottles (180 ml) had been seized from the house of A1. It is contended that A1 has been arrested and is in custody. It is also stated that about 20 cases are there as against the petitioner herein.
4. Taking into consideration the fact that the petitioner is a lady 1/4
and samples have been taken and sent to the chemical anaysis, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned XVI Metropolitan Magistrate, George Town, Chennai 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 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.
[b] Petitioner is directed to deposit a sum of Rs.25,000/- to the credit of the Crime No.261 of 2023 to The Dean, Stanley Hospital, Chennai.
2/4
[c] the petitioner shall report before the respondent Police, daily at 10.30 a..m. for a period of one week and thereafter as and when required; [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; 10.10.2023 mjs 3/4
C.V.KARTHIKEYAN , J.
mjs 10.10.2023 4/4