Manivelu v. State Rep.By

A.D.JAGADISH CHANDIRA, J.

The petitioners/A4 & A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(c), 4(1-A)(ii) of TN Prohibition Act in Crime No.74 of 2024, seek anticipatory bail.

2.

The case of the prosecution is that the accused were found in possession of 2 litres of ID arrack in packets, meant for illegal sale. Hence, the case.

3.

Learned counsel for the petitioners would submit that the petitioners are innocent persons and that they are arrayed as A4 and A5 in this case. He would further submit that the co-accused were granted anticipatory bail by this Court in Crl.O.P.No.28045 of 2024 dated 15.11.2024. The learned counsel would further submit that the petitioners had no bad antecedents and they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, the learned counsel prayed for grant of anticipatory bail to the petitioners.

4.

Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing for the grant of anticipatory bail to the petitioners, would submit that the accused were found in possession of 2 litres of ID arrack in packets, meant for illegal sale. He would further submit that the petitioners are the suppliers and there are no previous case pending as against the petitioners.

5.

Heard the learned counsel for the petitioners, 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 also considering the fact that, there are no previous cases pending as against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.

Accordingly, the petitioners are 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 learned Judicial Magistrate No.I, Cuddalore on condition that the petitioners 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 petitioners 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 petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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

A.D.JAGADISH CHANDIRA, J., mac 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S. 26.11.2024 mac