Madhu v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM

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

The State represented by The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.522 of 2023 on the file of the respondent.

For Petitioner : Mr.R.Thulasi 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)(a) and 4(1-A) of TNP Act, in Crime No.522 of 2023 on the file of the respondent Police, seeks bail.

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2. There are totally three accused and the petitioner is arrayed as A1. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 15 bottles of liquor (each bottle contains 180ml).

3.The learned counsel for the petitioner stated that A2 and A3 had already been granted bail by the trial Court. 4.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:

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 No.II, Krishnagiri, 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 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial.

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[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.

03.01.2024 vkr To 1.The Judicial Magistrate No.II, Krishnagiri. 2.The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.

3.The Sub Jail, Krishangiri.

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

C.V.KARTHIKEYAN, J.

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