Karunakaran v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Karunakaran S/o. Theerthagiri 2.Kumar S/o. Theerthagiri 3.Perumal S/o. Theerthan ... Petitioners/Accused 1 to Vs.

The State represented by The Inspector of Police, PEW Harur, Dharmapuri District.

(Crime No.932 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioners on bail in Crime No.932 of 2023 on the file of the respondent.

For Petitioners : Mr.J.Pradeep For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioners/A1 A2 and A3 seek bail in Crime No.932 of 2023, registered by the respondent police for the offences punishable under Sections 4(1)(a), 4(1)(g) r/w 4(1-A) of TNP Act. The petitioners had been remanded to custody on 27.11.2023.

2.It is stated that the petitioners/A1, A2 and A3 were in possession of 5 litres of illicit arrack and 600 litres of fermented wash. 3.It is also stated there are no previous cases against the petitioners herein.

4.Taking all the factors into consideration, I am inclined to grant bail to the petitioners herein subject to the following conditions: 5.Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court, Harur, 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 petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 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 [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

19.12.2023 ata C.V.KARTHIKEYAN, J.

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ata To 1.The Judicial Magistrate Court, Harur.

2.The Inspector of Police, PEW Harur, Dharmapuri District.

3.The Sub-jail, Harur.

4. The Public Prosecutor, High Court of Madras.

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