Deepa v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Deepa W/o. Raja ... Petitioner/Accused Vs.

State by The Inspector of Police, PEW Gudiyatham Police Station, Gudiyatham, Vellore District.

(Crime No.661 of 2023)

...Respondent

Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner on bail concerned in Crime No.661 of 2023 on the file of the respondent police.

For Petitioner : Mr.G.Vinothkumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.661 of 2023, registered by the respondent police for the offences punishable under Sections 4(1)(a), 4(1-A)(ii) of TNP Act, with respect to an occurrence, which took place on 16.10.2023.

2.The petitioner was found in possession of 25 bottles (each bottle containing 180 ml) TASMAC liquor.

3.It is stated that there are as many as 9 previous cases pending against the petitioner.

4.The learned counsel for the petitioner states that the petitioner is an innocent and that she was not in actual possession of the said bottles in her house and she was sitting next to her house. 5.Taking into consideration all these facts and that the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten 2/4

Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Gudiyatham, and on further conditions that: [a] 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. [b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] 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].

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

08.11.2023 ata C.V.KARTHIKEYAN.

J.

3/4

ata To

1. The Judicial Magistrate, Gudiyatham.

2.The Central Prison for Special Women Prison, Vellore. 3.The Inspector of Police, PEW Gudiyatham Police Station, Gudiyatham, Vellore District.

4.The Public Prosecutor, High Court of Madras.

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