Tamilalagan v. The State Rep By Its,

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest for the alleged offences punishable under SectionS 4(1)(a) and 24 Tamil Nadu Prohibition Act in Crime No.79 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.It is the case of the prosecution that the petitioner is the owner of a TASMAC Bar, in which, one Ramesh/A1 is a labour, who sold liquor without any permission. From A1, the respondent police has seized 10 bottles of brandy each containing 180 ml. Hence, the case. 3.The learned counsel appearing for the petitioner submits that the petitioner is the owner of the TASMAC bar and he is not aware of the alleged offence committed by A1. However, on instructions, the learned counsel further submitted that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.1,000/- to the credit of the Tamil Nadu Page No.1/4

Advocates Clerks Association, Chennai that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner is the owner of a TASMAC bar, in which, A1 is a labour, who sold liquor without any permission. From A1, the respondent police has seized 10 bottles of brandy each containing 180 ml. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side), 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 Page No.2/4

Court No-1, Tambaram, 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 is directed to deposit a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of the Tamil Nadu Advocates Clerks Association, Chennai within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below;

[b] 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;

[c] the petitioner is directed to report before the respondent police on every Wednesday at 10.30 a.m., until further orders;

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T.V.THAMILSELVI,J.

sp [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.

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