Revathi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Crl.O.P.No.28980 of 2023 Revathi ... Petitioner Vs.

The State rep by The Inspector of Police, Tiruvannamalai West Police Station, Crime No.255 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail in Crime No.255 of 2023 pending on the file of the respondent Police. For Petitioner : Mr.D.Balaji For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioner who was arrested and remanded to judicial custody on 29.11.2023 for the offences punishable under Sections 4(1)(aa) r/w 4(11/5

A)ii of TNP Act in Crime No.255 of 2023 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of 55 litres of country arrack. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody from 29.11.2023 and hence, he seeks for granting of bail to the petitioner. 4.The learned Additional Public Prosecutor for the respondent submitted that the petitioner was found in illegal possession of 10 litres of country arrack. She further submitted that there are 9 previous cases pending against the petitioner. Hence, she opposed for granting of bail to the petitioner.

5.At this juncture, the learned counsel for the petitioner submitted that in all those cases, the petitioner was already granted bail and hence, she seeks bail.

6.Heard both side and perused the materials available on record. 7.Considering the rival submissions made on either side and taking into consideration the period of incarceration undergone by the petitioner and 2/5

considering the nature of offence, I am inclined to grant bail to the petitioner, subject to the following conditions:

[a] 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:

[b] the petitioner shall report before the Inspector of Police, Cheyyar Police Station, Tiruvannamalai District daily at 10.00 A.M. until further orders.

[c] the petitioner shall not commit any offences of similar nature. [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 Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

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

28.12.2023 vkr/apd To

1. The Judicial Magistrate No.II, Tiruvannamalai District.

2. The Inspector of Police, Tiruvannamalai West Police Station.

3.The Inspector of Police, Cheyyar Police Station.

4. The Special Prison for Women, Vellore.

5. The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

vkr Crl.O.P.No.28980 of 2023 28.12.2023 5/5