Annamalai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/01/2022 PRESENT THE HON`BLE MR.JUSTICE G.ILANGOVAN ANNAMALAI, ... PETITIONER/SOLE ACCUSED VS THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, VATHALAI POLICE STATION, VATHALAI, TRICHY CITY.

CRIME NO. 368 OF 2021..

... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.ARUNRAJ K, 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.368 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 05.12.2021 for the alleged offence under Sections 4 (1) (a) r/w. 4 (1-A) of Tamil Nadu Prohibition Act in Crime No.368 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on the date of occurrence, the petitioner is having 25 bottles of brandy illegally. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. The owner of the TASMAC shop only used this petitioner to do illegal activities. 4.The learned Government Advocate (Crl. Side) submitted that there are 18 previous cases, which are similar in nature against the petitioner.

5.The repeated bail applications have not given any correction to the petitioner. The petitioner has to correct himself. Hence, 1/3

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, Musiri, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

7.Further the petitioner shall file an undertaking affidavit before the concerned Court stating that he will not indulge in any such sort of illegal activities in future. If there is any violation of affidavit or if any fresh case is registered against him under any offence, the bail granted by this Court shall stand cancelled automatically without any reference to the Court. sd/- 05/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 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, MUSIRI.

2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

4.THE INSPECTOR OF POLICE, VATHALAI POLICE STATION, VATHALAI, TRICHY 2/3

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

ORDER

IN CRL OP(MD) No.75 of 2022 Date : 05/01/2022 GC/SKN(05.01.2022) 3P 6C 3/3