Ellammal v. State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Ellammal ... Petitioner Vs.
The State represented by, The Inspector of Police, K-10 Koyambedu Police Station, Chennai.
(Crime No.940 of 2024).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.940 of 2024, pending investigation on the file of the respondent Police. For Petitioner :
Mr.Prem Kumar For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner/A2, who was arrested and remanded to judicial custody on 25.10.2024 seeking bail in Crime No.940 of 2024 registered for the offence under Sections 4(1)(A), 4(1)(C) of the Tamil Nadu Prohibition (Amendment) Act, 2024 and Section 132 of BNS. 1/7
2. The case of the prosecution is that based on the secret information, the respondent and his team conducted a search, where, they found that the accused were in illegal possession of 70 bottles (each 180ml) of TASMAC liquor for the purpose of sale and during the arrest of the accused, the accused had attempted to deter the respondent Police from discharging their duty. Hence the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He also submitted that the petitioner is in custody from 25.10.2024 and she is ready to abide by any stringent conditions that may be imposed by this Court. He further submitted that the first accused in this case has already been granted bail by this Court in Crl.O.P.No.28483 of 2024 dated 14.11.2024. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, submitted that 2/7
the petitioner along with other accused was found to be in illegal possession of 70 bottles (each 180ml) of TASMAC liquor without any valid license. He further submitted that one previous case is pending against the petitioner.
5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to her defence and contention, is ready and willing to deposit an amount of Rs.5,000/- as non-refundable deposit to any welfare scheme of the Government or any organization. Hence, he prayed for grant of bail to the petitioner.
6. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
7. On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/- as non refundable deposit to "Tamil Nadu State Legal Services Authority, Chennai", without prejudice to her rights and contentions before the trial Court. 3/7
8. Merely because the petitioner deposits the said amount, it would not amount to admission of her guilt. Therefore, it is open to the trial Court to deal with the case independently.
9. Taking into consideration the above facts and circumstances of the case, the submissions made by the learned counsel on either side and also considering the period of incarceration undergone by the petitioner and the coaccused has been released on bail, this Court is inclined to grant bail to the petitioner with certain conditions.
10. Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of "Tamil Nadu State Legal Services Authority, Chennai", without prejudice to her rights and contentions before the trial Court and on such deposit and production of proof, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore, Chennai, and on further 4/7
conditions that:
[a] 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, everyday at 10.30 a.m., until further orders;
[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 269 of B.N.S. 19.11.2024 ham 5/7
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A.D.JAGADISH CHANDIRA.,J.
ham To
1. The V Metropolitan Magistrate, Egmore, Chennai.
2. The Inspector of Police, K-10 Koyambedu Police Station, Chennai.
3. The Superintendent, Central Prison (Women), Puzhal, Chennai.
4. The Public Prosecutor, High Court of Madras.
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