Murugesan v. The State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL 1.Murugesan 2.Keshav Paswan ... Petitioners Vs.

The State represented by, The Inspector of Police, Karumathampatty Police Station, Coimbatore.

(Crime No. 418 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioners on bail, in Crime No. 418 of 2024 on the file of the respondent Police.

For Petitioners : Mr.K.S.Karthik Raja For Respondent : Mr.S.Vinodkumar Government Advocate (Crl.Side)

O R D E R

The petitioners/A2 & A3, who were arrested and remanded to judicial custody on 17.09.2024, for the alleged offence punishable under 1/6

Sections 4(1)(A) & 5 of the Tamil Nadu Prohibition (Amendment) Act, 2004, in Crime No.418 of 2024, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners along with other accused person were found in illegal possession of 1500 bottles of brandy, each containing 180 ml, without any valid license. Hence, the complaint.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. They have not committed any offence as alleged in the FIR. He further submitted that the petitioners were arrested and they are in judicial custody for more than 30 days and they are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally three accused in this case and the petitioners herein are arrayed as A2 and A3. He further submits that the petitioners along with other accused person were found in illegal 2/6

possession of 1500 bottles of brandy, each containing 180 ml, without any valid license. He further submits that the second petitioner has 14 previous cases and the third petitioner has no previous case, pending against them. However, he opposed to grant bail to the petitioners.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the nature of offence, quantity involved, considering the period of incarceration undergone by the petitioners, and though the petitioners have some previous cases, and in all the cases, he has been released on bail, and also considering all others factors, I am inclined to grant bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties, for a like sum to the satisfaction of the Judicial Magistrate, Sulur, and on further conditions that:- 3/6

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

[b] the Petitioners shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[c] the Petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[d] the Petitioners shall not abscond either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Judicial 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 269 B.N.S.

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17.10.2024 drl To 1.The Judicial Magistrate, Sulur.

2.The Inspector of Police, Karumathapatty Police Station, Coimbatore.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

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