Pattasu @ Kumaresan v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Pattasu @ Kumaresan ... Petitioner/Accused Vs.

The State represented by The Inspector of Police, Gudiyatham P.E.W.P.S., Vellore District.

(Crime No.722 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.722 of 2023 on the file of the respondent.

For Petitioner : Mr.D.Anandan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.722 of 2023, registered by the respondent police for the offences punishable under Section 4(1)(a), 4(1A)(ii) of TNP Act. The petitioner had been remanded to custody on 26.11.2023.

2.It is the case of the prosecution that on 26.11.2023, the petitioner was in possession of 26 bottles of liquor but he had poured illicit arrack in the same.

3.It is also stated that there no previous cases against the petitioner herein.

4.Taking all the factors into consideration, I am inclined to grant bail to the petitioner subject to the following conditions: 5.Accordingly, the petitioner is ordered to be released on bail on condition to 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 Judicial Magistrate, Gudiyatham, Vellore District, and on further 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. 2/4

[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 229A IPC.

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C.V.KARTHIKEYAN, J.

ata To 1.The Judicial Magistrate, Gudiyatham, Vellore District. 2.The Inspector of Police, Gudiyatham P.E.W.P.S., Vellore District.

3.The Sub Jail, Gudiyatham, Vellore District.

4. The Public Prosecutor, High Court of Madras.

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