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Madras High CourtCRL OP/30948/2024granted

Sriram v. State Represented By The Inspector Of Police,

2024-12-12Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-12-2024

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 30948 of 2024 1.Sriram General Manager, M/s.Feathers Hotel, 2.Ciril Raj Petitioner(s) Vs State Represented By The Inspector Of Police, Nandambakkam Police Station, St.Thomas Mount. Crime No.149 Of 2024 Respondent(s) For Petitioner(s):

Vishnu Varadhan A.E.Ravi Chandran N.Anbazhagan J.Archana For Respondent(s):

Public Prosecutor

ORDER

Apprehending arrest in connection with Crime No.149 of 2024 registered for the offences punishable under Section 24 of the Tamil Nadu Prohibition Act, the present petition has been filed by the petitioners seeking anticipatory bail.

2. Pleading innocence on the part of the petitioners, false implication Page No.1 of 4

in the case, learned counsel for the petitioners seek indulgence of this Court. He further submits that the petitioners are General Manager and the security officer respectively, and they have not violated any conditions and are ready to abide by any stringent condition that may be imposed by this court. 3.The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the respondent police inspected M/s.Feather Hotel, on a surprise check on 29.11.2024 at about 13.00 hrs, and found that the said hotel was illegally selling/serving alcohol/liquor, to its guest on the roof top, beyond permitted limits.

4.Having heard the learned counsel for the petitioners 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 petitioners with certain conditions and accordingly, they are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Alandur, on condition that the Page No.2 of 4

petitioner shall execute separate 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and 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 petitioners shall report before the respondent police everyday at 06.30 p.m. for a period of one week and thereafter as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 A.D.JAGADISH CHANDIRA , J.

Anu action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on Page No.3 of 4

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 abscond, a fresh FIR can be registered under Section 269 B.N.S.

12.12.2024 Anu To

1. The Judicial Magistrate No.I, Alandur 2.The Inspector Of Police, Nandambakkam Police Station, St.Thomas Mount. Page No.4 of 4