Mari v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2024
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Mari ... Petitioner Vs.
The State represented by The Inspector of Police, Tiruvannamalai PEW Police Station, Tiruvannamalai District.
(Crime No.662 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.662 of 2023 on the file of the respondent.
For Petitioner : Mr.D.Balaji For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 27.09.2023, registered for the offences under Sections 4(1)(aaa) r/w 4(1A)ii of TNP Act and Sections 6 and 7 of TNRS Rule 2000, in Crime No.662 1/4
of 2023 on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 4026 litres of illicit arrack. 3.The learned counsel for the petitioner stated that the petitioner has no role in the entire seizure of illicit arrack. It is also stated that one of the accused has been granted bail.
4.The learned Government Advocate stated that there are two previous cases against the petitioner.
5.Taking all these factors into consideration and also considering the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions:
6.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 learned Judicial Magistrate No.II, Tiruvannamalai 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.
02.01.2024 vkr To 1.The Judicial Magistrate No.II, Tiruvannamalai District. 2.The Inspector of Police, Tiruvannamalai PEW Police Station, Tiruvannamalai District.
3.The Central Prison, Vellore.
4. The Public Prosecutor, High Court of Madras. 3/4
C.V.KARTHIKEYAN, J.
vkr 02.01.2024 4/4