Mani @ Oomaiyan v. State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL 1.Mani @ Oomaiyan 2.Latha ... Petitioners Vs.
The State represented by, The Inspector of Police, PEW Tiruchengode, Namakkal District.
(Crime No. 553 of 2024).
... Respondents PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioners on bail, in Crime No. 553 of 2024 on the file of the respondent Police.
For Petitioners : Mr.M.Senthilkumar For Respondents : Mr.S.Vinodkumar Government Advocate (Crl.Side)
O R D E R
The petitioners/A1 & A2, who were arrested and remanded to judicial custody on 12.10.2024, for the alleged offence punishable under 1/6
Sections 4(1)(a), 4(1)(g) and 4(1-A) of TNP Act, in Crime No.553 of 2024, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners were found to be in illegal possession of 5 litres of I.D. Arrack along with 50 litres of fermented wash. 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 from 12.10.2024 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 first and second respondents submitted that the petitioners were found to be in illegal possession of 5 litres of I.D. Arrack along with 50 litres of fermented wash. He further submits that the petitioners have no previous 2/6
cases, pending against them. Hence, 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, and the petitioners have no previous cases against them, considering the period of incarceration undergone by the petitioners, 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, Komarapalayam, Namakkal District, and on further conditions that:- [a] the petitioners shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks. 3/6
[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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To 1.The Judicial Magistrate, Komarapalayam, Namakkal District.
2.The Inspector of Police, PEW Tiruchengode, Namakkal District.
3.The Superintendent, Sub Jail, Tiruchengode.
4. The Superintendent, Women Sub Jail, Salem.
5.The Public Prosecutor, High Court of Madras.
P.DHANABAL, J.
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