Settu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Settu ... Petitioner Vs.

The State represented by The Inspector of Police, Kadaladi Police Station, Tiruvannamalai District.

Crime No.430 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.430 of 2023 on the file of the respondent Police.

For Petitioner : Mr.G.Kartheeban For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 05.12.2023 for the offences registered under Sections 4(1)(aaa) r/w 4(11/4

A)ii of TNP, in Crime No.430 of 2023 on the file of the respondent, seeks bail.

2.The case of the prosecution is that the petitioner was found in illegal posssession of 120 litres of illicit arrack. 3.The learned Government Advocate (crl.side) for the respondent stated that there are 9 previous of cases of similar nature against the petitioner.

4.But however, taking all the factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner with certain 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 learned Judicial Magistrate, Kalasapakkam 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 make a non-refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) to the Registered Advocate Clerk Association, High Court of Madras, Chennai on or before 19.01.2024. 2/4

[c]the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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].

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

05.01.2024 vkr To 1.The Judicial Magistrate, Kalasapakkam.

2.The Inspector of Police, Kadaladi Police Station, Tiruvannamalai District.

3.The Central Prison, vellore.

4. The Public Prosecutor, High Court of Madras. 3/4

C.V.KARTHIKEYAN, J.

vkr 05.01.2024 4/4