Palanimuthu v. The Inspector Of Police

CRL OP(MD). No.277 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.277 of 2022 Palanimuthu ... Petitioner/Sole Accused Vs The state represented by The Inspector of Police, Kallakudi Police Station, Trichy District.

in Crime No.395/2021.. ... Respondent/Complainant For Petitioner : M/s.Vishnu.J, Advocate.

For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.395/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 31.12.2021 for the alleged offence under Sections 4(1)(A) and 4(1) (1-A) of Tamil Nadu Prohibition Act, in Crime No.395 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 03.12.2021, when the respondent police was in routine patrol, the petitioner possessed with 16 bottles of brandy liquor bottle. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl. Side) submitted that the petitioner is having 11 previous cases, which are similar in nature.

5.Considering the period of incarceration, this Court is inclined to grant bail to the petitioner with stringent conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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, Lalgudi and on further condition that https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.277 of 2022 (i)the petitioner shall report before the respondent police once in fifteen days at 10.30 a.m. until further orders. (ii) the petitioner shall file an affidavit before the concerned Court stating that he will not indulge in such sort of activities in future.

(iii) if there is any violation of affidavit and if any fresh case is registered against him, the bail granted by this Court in this petition shall stand dismissed automatically without any reference to the Court.

sd/- 10/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, LALGUDI, TRICHY.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, DURAIYOOR, TRICHY.

4 THE INSPECTOR OF POLICE KALLAKUDI POLICE STATION, TRICHY DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.277 of 2022 Date :10/01/2022 SS/PN/SAR-III/10.01.2022 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2