K.Anoob v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(aaa), 4(1-A) of TNP Act and Section 7 of Tamil Nadu Rectified Spirit Rules, 2000 in Crime No.616 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that based on the confession statement of the co-accused the respondent police came to know that the petitioner and other accused purchased the spirits from other state and kept in the godown of one Murugesan at Salem. Thereafter police seized 10,850 litres of rectified spirit. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submitted that the petitioner, on his own volition that the petitioner is ready and willing to contribute some amount to any charitable trust as imposed by this Court. The petitioner was impleaded as an accused based on the confession of co-accused. Hence, he prays for Page No.1/4

grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner and other accused purchased the spirits from other state and kept in the godown of one Murugesan at Salem. Thereafter police seized 10,850 litres of rectified spirit. He further submitted that there are two previous cases against this petitioner. Hence he 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. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned District Munsif cum Judicial Magistrate, Valapadi, 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.20,000/- Page No.2/4

(Rupees Twenty Thousand only) each separately to the Society for the Educational and Economic Development (SEED) Reg., Sriperumbudur. Account Name : SEED, A/C.No.2926101000002, Canara Bank, Sriperumbudur, IFSC CNRB0002926 Cell No.9944812053; 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 four weeks and thereafter as and when required for interrogation.

[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. Page No.3/4

T.V.THAMILSELVI, J.

dpq State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

13.12.2022 dpq Crl.O.P.No.30485 of 2022 Page No.4/4