M.Mathankumar v. The State Rep By

A.D.JAGADISH CHANDIRA, J.

The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Section 4(1)(A) of Tamilnadu Prohibition (Amendment) Act, 2024 in Crime No.814 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that, based on a secret information, the respondent police went to the petitioner's house and found that the petitioner had involved in illegal selling of liquor for higher profit, which were purchased from Pondicherry. Further, 237 liquor bottles were recovered in a room, nearby petitioner's house. Hence, this case. 3.

Learned counsel appearing for the petitioner would submit that the petitioner is innocent and no way connected with the alleged offence and he has been falsely implicated in the case. He would further submit that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also to appear and co-operate for the investigation, therefore, he prayed for the grant of anticipatory bail to the 1/4

petitioner.

4.

Learned Government Advocate (Crl. Side) appearing for the respondent police while opposing for the grant of anticipatory bail to the petitioner, stating that the petitioner had involved in illegal selling of liquor, which were purchased from Pondicherry and further 237 liquor bottles were recovered. He would further submit that there is no previous case as against the petitioner and the investigation is pending.

5.

Heard the learned counsel for the petitioner, the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR. 6.

Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side, and considering the fact that the petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.

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 2/4

Magistrate at Mettupalayam on condition that the petitioner shall execute a separate 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 everyday at 6:30 p.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 petitioners 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 3/4

[(2005)AIR SCW 5560].

A.D.JAGADISH CHANDIRA, J.

stn [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

20.11.2024 stn 4/4