Suresh v. The State Rep.By Its,

C.V.KARTHIKEYAN , J.

The petitioner seeks anticipatory bail in Crime No.514 of 2023 registered by the respondent Police for the offences punishable under Sections 4(1)(aaa), 14A, 4(1-A) of TNP Act.

2. It is stated that the respondent had seized 110 litres of ID arrack, but the petitioner had run away.

3. The earlier application of anticipatory bail was dismissed in Crl.O.P.No.24907 of 2023 by an order dated 07.11.2023. On that day, it was informed that there was another case under the Arms Act against the petitioner herein. But the petitioner had been granted anticipatory bail in that case by an order dated 13.12.2023 in Crl.O.P.No.27784 of 2023. That is a significant change in circumstances.

4. Taking all those factors into consideration and there are no previous cases as against the petitioner herein, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 1/4

5. Accordingly, the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) either by RTGS/NEFT or by Cash to the credit of Tamil Nadu Advocate's Clerk's Association, High Court Buildings, High Court, Chennai bearing Account No.: 484026006 in the Branch at Indian Bank High Court and IFSC No.: IDIB000M157 on or before 24.01.2024. On such deposit, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.II, Kallakurichi, 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.

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

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C.V.KARTHIKEYAN , J.

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