Manikandan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Manikandan

...Petitioner

Vs.

State by Inspector of Police, PEW Thirukoilur Police Station, Kallakurichi District Crime No.76 of 2023.

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner/Accused on bail concerned in Crime No.76 of 2023 pending on the file of the respondent police. For Petitioner : Mr.A.Gowtham For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.09.2023 for the offence punishable under Sections 4(1-A), 4(1)(a) 1/5

of Tamil Nadu Prohibition Act, in Crime No.76 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of 10 litres of ID arrack. 3.It is stated by the petitioner that this case is a false case. 4.It is stated by the respondent that there are 6 previous cases against the petitioner.

5.Taking into consideration all the facts and the long period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions; 6.Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.30,000/- (Rupees Thirty Thousand only) directly to the credit of "The Dean/Medical Officer, Government Medical College and Hospital, Villupuram", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the 2/5

satisfaction of the Judicial Magistrate, Sankarapuram, and on further conditions that:

[a] 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] the petitioner shall report before the respondent police daily at 10.30 a.m until further orders.

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

[d] the petitioner shall not tamper with evidence or witness 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 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]. 3/5

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

10.10.2023 vkr/rjr To 1.The Judicial Magistrate, Sankarapuram.

2.Central Prison, Cuddalore.

3.The Inspector of Police, PEW Thirukoilur Police Station, Kallakurichi District.

4.The Public Prosecutor, High Court of Madras.

4/5

C.V.KARTHIKEYAN.

J.

vkr Crl.O.P.No.23576 of 2023 12.10.2023 5/5