Sakthivel v. State Rep By Inspectior Of Police

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 4(1)(aaa), 4(1-A) of TNP Act r/w 420, 463, 465, 468, 471, 484, 486 and 488 of IPC in Crime No.644 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that on date on receiving a secret information, the respondent Police along with his team went to the scene of occurrence and they found that the accused were in possession of 3,744 bottles of brandy each weighing about 180 ml. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has nothing to do with the alleged offence. He would further submit that even though the name of the petitioner does not find place in the First Information Report. He would also submit that the petitioner is ready to abide by any stringent conditions imposed that may be imposed by this Court and therefore, he

seeks for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner along with other accused was found in illegal possession of 13,744 bottles of brandy each weighing about 180 ml. He would submit that there is no previous case pending against him. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.In reply, the learned counsel for the petitioner would submit that without prejudice, the petitioner is ready and willing to pay a sum of Rs.15,000/- to any Charitable Institute as may be directed by this Court and he would pray for grant of anticipatory bail to the petitioner. 6.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

7.Considering the facts and circumstances of the case and also

the submissions made by the learned counsel for the petitioner and also of the fact that there is no previous case pending against him, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. 8.Accordingly, the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the Registered Advocate Clerk Association, Pondicherry and on such receipt and receipt of proof of payment, 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, Villupuram, 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.

(b) the petitioner shall report before the respondent police station on every Wednesday at 10.30 a.m., for a period of six weeks;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial; (d)the petitioner shall not abscond 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

03.01.2023 vkr T.V.THAMILSELVI, J.

vkr

03.01.2023