Gunasekaran v. State Rep By

Crl.OP.No.26567 of 2023 Crl.O.P.No.26567 of 2023 C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest for the alleged offences under Sections 4(1)(aa) and 4(1-A) of TNP Act in Crime No.807 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.It is the case of the prosecution that the petitioner was found in illegal possession of 60 litres of ID arrack. 3.It is stated by the learned Government Advocate that there are 3 previous cases against the petitioner.

4.Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Attur, 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 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. 1/2 https://www.mhc.tn.gov.in/judis

Crl.OP.No.26567 of 2023 C.V.KARTHIKEYAN, J.

vkr [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioner shall make a non-refundable deposit of Rs.15,000/- to the credit of Dean/Medical Officer, Government General Hospital, Salem, within a period of two weeks from the date of receipt of a copy of this order.

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

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

23.11.2023 vkr Crl.O.P.No.26567 of 2023 2/2 https://www.mhc.tn.gov.in/judis