Rajkumar v. State Rep By Its
CRL OP. 30397 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-12-2024
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP. 30397 of 2024 RAJKUMAR S/O KUPPAN THATTARANAI VILLAGE, THANDARAMPATTU TALUK, THIRUVANNAMALAI DISTRICT PETITIONER(S) Vs STATE REP BY ITS STATION HOUSE OFFICER, PEW THIRUVANNAMALAI POLICE STATION, THIRUVANNAMALAI DISTRICT CRIME.NO. 380/2024 RESPONDENT(S) For Petitioner(s):
ANBU SELVAN For Respondent(s):
S.SANTHOSH GOVERNMENT ADVOCATE (CRL.SIDE)
ORDER
The case of the prosecution is that the petitioner was found possessing 800 litres of Fermented wash and 120 litres of ID arrack.
2. The learned counsel for the petitioner would submit that the petitioner is innocent and he belongs to Scheduled Tribe. The respondent has found contraband near the farm of the petitioner and thereby the name of the petitioner has been
implicated in this case. He would submit that the petitioner is partially blind and also suffering from spinal cord problem and he is in constant treatment. Therefore, he would seek for bail.
3. Learned Government Advocate (Crl.side) would submit that the petitioner has one previous case of similar nature registered in the year 2024.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Thandarampattu, Thiruvannamalai District, on condition that the petitioner shall 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of two weeks and thereafter on every Saturday at 10.30 a.m.
further orders;
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond 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 BNS.
13-12-2024 shl TO STATE REP BY ITS STATION HOUSE OFFICER, PEW THIRUVANNAMALAI POLICE STATION, THIRUVANNAMALAI DISTRICT CRIME.NO. 380/2024
A.D.JAGADISH CHANDIRA , J.
Shl Crl.O.P.No.30397 of 2024 13.12.2024