Anjalai v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Anjalai W/o. Elangovan

...Petitioner/Accused

Vs.

State rep. by The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

(Crime No.741 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.741 of 2023 pending investigation on the file of the respondent police. For Petitioner : Mr.A.Gowtham for T.Mahavishnu For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side) 1/4

ORDER

The petitioner seeks bail in Crime No.741 of 2023, registered by the respondent police for the offences punishable under Sections 4(1-A) & 4(1) (a) of Tamil Nadu Prohibition Act. The petitioner had been remanded to judicial custody on 25.10.2023.

2. It is stated that the petitioner was found in possession of 12 litres of Arrack.

3. On the side of the respondent, it is stated that there are six previous cases pending against the petitioner herein. However, the learned counsel for the petitioner stated that the petitioner, being a lady practically a senior citizen, was innocent of the offence.

4. Taking all these factors into consideration, I am inclined to grant bail to the petitioner subject to the following conditions:

5. 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 the Judicial Magistrate, Sankarapuram, and on further conditions that :- 2/4

[a] the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his 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.

22.11.2023 rjr/ata 3/4

C.V.KARTHIKEYAN.

J.

rjr To 1.The Judicial Magistrate, Sankarapuram.

2.Special Prison for Women, Cuddalore.

3.The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.26399 of 2023 4/4