E.Geetha v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN E.Geetha W/o Elaiyan

...Petitioner/Accused

Vs.

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

(Crime No.504 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.504 of 2023 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.T.Balachandran For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/6

ORDER

The petitioner seeks bail in Crime No.504 of 2023, registered under Sections 4(1)(A), 4(1)(a) of TNP Act. The petitioner had been taken into custody on 30.10.2023.

2.It is stated that the petitioner was in possession of 10 litres of illicit arrack.

3.Earlier application seeking bail with respect to another crime number had been considered and granted by this Court. 4.It is stated that there five previous cases against the petitioner with respect to this particular Police Station but according to the learned Government Advocate (Crl. Side) for the respondent, there are actually 51 criminal cases against the petitioner and 10 have been disposed of and totally 41 criminal cases are pending against the petitioner but since in the other crime number, bail had been granted, 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 2/6

Judicial Magistrate -I, Kallakurichi, Kallakurichi District, and on further conditions that :- [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 respondent police everyday morning at 10.30 a.m., afternoon 2.30 p.m., and evening 5.30 p.m., until further orders.

[c] In view of the successive cases in which the petitioner is being involved, the petitioner is directed to deposit a sum of Rs.30,000/-(Rupees Thirty Thousand only) as non-refundable deposit to the credit of the Dean, Government General Hospital, Villpuram, and the said amount to be used for needy patients in Primary Health Centre in Kallakurichi District.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness 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. State 3/6

of Kerala [(2005)AIR SCW 5560].

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

30.11.2023 ata 4/6

To

1. The Judicial Magistrate - 1, Kallakurichi, Kallakurichi District.

2. The Special Prison for Women, Cuddalore.

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

4.The Public Prosecutor, High Court of Madras.

C.V.KARTHIKEYAN.

J.

ata 5/6

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