E.Geetha v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN E.Geetha

...Petitioner/Accused

Vs.

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

(Crime No.514 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. 514 of 2023 on the file of respondent police on such terms and conditions. For Petitioner : Mr.T.Balachandran For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.514 of 2023, registered by the respondent police for the offences punishable under Sections 4(1)(A), 4(1)(a) of T.N.P Act.

2.The petitioner had been remanded to judicial custody on 18.10.2023 with possession of 25 litres of illicit arrack and six bottles of liquor. There are varied representations made about the number of previous cases but in the order of the learned Principal Sessions Judge, Villupuram, it is stated that there are five previous cases against the petitioner herein.

3.Taking into consideration the period of incarceration and all other factors, I am inclined to grant bail to the petitioner subject to the following conditions:

4.Accordingly, the petitioner is ordered to be released on bail on her 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-1, Kallakurichi, Kallakurichi District, 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., for a period of three weeks and thereafter, as and when required for interrogation.

[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.

24.11.2023 ata/rjr 3/4

C.V.KARTHIKEYAN.

J.

ata 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 24.11.2023 4/4