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Madras High CourtCRL OP/29803/2022granted

Antonyraj @ Anthoni v. The State Rep By Its,

2022-12-06Honourable Mrs Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.12.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.29803 of 2022 Antonyraj @ Anthoni ... Petitioner

Versus

State Rep by The Inspector of Police, Keelayur Police Station, Nagapattinam District.

(Crime No.274 of 2022) ... Respondent Prayer:-Criminal Original Petition filed under Section 439 of the Code of Criminal Procedure seeking to enlarge the petitioner on bail in connetion with Crime No.274 of 2022 pending investigation on the file of the respondent police.

For Petitioner :

Mr.J.Jawahar For Respondent :

Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 11.10.2022 for the offence under Sections 4(1)(i), 4(1)(aaa) r/w 4(1-A) of

TNP Act in Crime No.274 of 2022 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner was found in illegal transportation of 110 litres of ID arrack. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would submit that he sustained injury and he was admitted in the hospital and discharged through the jail authorities. He would further submit that the petitioner is in judicial custody for more than 20 days. However, on instructions, the learned counsel would submit that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.10,000/- to any Charitable Purpose as may be directed by this Court. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner was found in illegal transportation of 110 litres of ID arrack. He would submit that there are

more than 19 previous case pending against the petitioner, out of which 12 cases were already disposed and presently 7 cases are pending against him. He would further submit that the investigation is almost completed. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the facts and the circumstances of the case and that the petitioner is an habitual offender, however, he availed bail in all the pending cases and also considering that the investigation is almost completed and that the petitioner, on his own volition has willfully agreed to contribute a sum of Rs.10,000/- for charitable purpose, 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 his executing 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 learned Judicial Magistrate No.II, Nagapattinam and on further conditions that: [a] the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten thousand only) to the Registered Advocates Clerks Association, Pondicherry 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 daily at 10.30 a.m., for a period of eight weeks and thereafter appear before the trial Court on all hearing dates;

[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.

06.12.2022 anu

Copy to:

1.The Inspector of Police, Keelayur Police Station, Nagapattinam District.

2. The Superintendent, District Jail, Nagapatinam.

3. The Public Prosecutor, Madras High Court, Chennai.

T.V.THAMILSELVI, J.

anu 06.12.2022