Alamelu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Alamelu ... Petitioner Vs.

The State represented by, The Sub-Inspector of Police, D1 Triplicane Police Station, Triplicane, Chennai - 600 002.

(Crime No. 312 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.312 of 2024 on the file of the respondent Police.

For Petitioner : Mr.Nithyanantham For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody 1/6

on 17.09.2024, for the alleged offence punishable under Section 4(1) (C) and 4(1-A) of TNP Act, in Crime No.312 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 187 bottles of Tasmac brandy, each containing 180 ml, without any valid license. Hence the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. She has not committed any offence as alleged in the FIR. He further submits that the co-accused/A2 & A3 were also released on bail. He would further submit that the petitioner was arrested and is in judicial custody for more than 40 days and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally three accused in this case 2/6

and the petitioner herein is ranked as A1. He further submits that the petitioner along with other accused was found in illegal possession of 187 bottles of Tasmac brandy, each containing 180 ml, without any valid license. He further submitted that the petitioner has one previous case, pending against her. Hence, he opposed to grant bail to the petitioner.

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

6. Considering the nature of offence, quantity involved and considering the period of incarceration undergone by the petitioner, coaccused was also released on bail, and though the petitioner has one previous case, in which, she has been released on bail, and also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on her 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 the learned II 3/6

Metropolitan Magistrate, Egmore, Chennai and on further conditions that:- [a] the petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.

[b] the Petitioner 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 Petitioner 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 Petitioner 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 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]; and 4/6

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

19.10.2024 drl To 1.The Metropolitan Magistrate No.II, Egmore, Chennai.

2.The Sub-Inspector of Police, D1 Triplicane Police Station, Triplicane, Chennai - 600 002.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

drl 19.10.2024 6/6