Ayyanar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Ayyanar ... Petitioner Vs.
State, Rep. by The Inspector of Police E-1, Mylapore Police Station Chennai (Cr.No.372 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the accused/petitioner on bail pending investigation in E-1, Mylapore Police Station Cr.No.372 of 2024 on the file of the respondent police.
For Petitioner :
Mr.P.Praveen Kumar For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Cr.No.372 of 2024 registered for the offences punishable under Sections 4(1)(A) and 4(1)(B) of Tamil Nadu Prohibition (Amendment) Act 2024 is on board for consideration. 2.The incarceration of the petitioner being from 11.11.2024 pleading 1/4
innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.10,000/- to any welfare scheme of the Government or any other organization. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court. 3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that on 11.11.2024, the petitioner was found to be in possession of 10 brandy bottles (180 ml each). He further submits that there are 10 previous cases against the petitioner.
4.Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the "District Legal Services Authority, Chennai District" without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt. 5.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain 2/4
conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai , 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; [b] the petitioner shall report before the respondent Police, everyday at 06.30 p.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 269 of B.N.S.
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A.D.JAGADISH CHANDIRA., J.
sai To 1.The XVIII Metropolitan Magistrate, Saidapet, Chennai. 2.The Inspector of Police E-1, Mylapore Police Station Chennai 3.The Superintendent, Central Prison, Puzhal II, Chennai 4.The Public Prosecutor, High Court of Madras.
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