C.Nagaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.01.2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA C.Nagaraj ... Petitioner/Sole Accused Vs The State Rep. by, The Inspector of Police, Thirukattupalli Police Station, Thanjavur District.

In Crime No.743 of 2022.

... Respondent/Complainant For Petitioner : Mr.A.Sivasubramanian Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.743 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 21.12.2022 for the offence punishable under Sections 4(1)(a) and 4(1-A) of TN Prohibition Act in crime No.743 of 2022 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 30 numbers of 180ml Pondicherry brandy liquor bottles. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner has no previous case pending against him and he is in judicial custody from 21.12.2022. Hence, he seeks for bail. 1/3

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was found in illegal possession of 30 numbers of 180ml Pondicherry brandy liquor bottles and he would oppose for grant of bail. However, he would further submit that the petitioner has no previous case pending against him. 5.Heard. Perused the materials available on record including the First Information Report.

6.Taking into consideration of the facts and submissions made by the learned counsels and also taking note of the period of incarceration, this court is 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, Thiruvaiyar and on further conditions that:

[b] 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. [c] the petitioner shall report before the respondent police daily at 10.30 A.M., until further orders.

[d] the petitioner shall not commit any offences of similar nature.

[e]the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial 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].

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

sd/- 12/01/2023 / TRUE COPY / 12/01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 2/3

TO

1. THE JUDICIAL MAGISTRATE, THIRUVAIYAR.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, THIRUKATTUPALLI POLICE STATION, THANJAVUR DISTRICT.

4. THE OFFICER-INCHARGE, SUB-JAIL, THANJAVUR.

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

+1 CC to M/s.SIVASUBRAMANIAN A, Advocate ( SR-735[I] dated 12/01/2023 )

ORDER

IN CRL OP(MD) No.1023 of 2023 Date :12/01/2023 USK/SSS/SAR- /12.01.2023/3P/7C 3/3