Madras High CourtCRL OP(MD)/1139/2020granted

Arul @ Arul Pandian v. The Inspector Of Police

2020-01-24Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1139 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1139 of 2020 Arul @ Arul Pandian ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Prohibition Enforcing Wing, Pattukottai, Thanjavur District.

(Crime No.1007/2019). ... Respondent/Complainant For Petitioner : M/s.M.Pitchai Muthu, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 1007/2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 23.12.2019, for the offences under Sections 4(1)(aaa) and 4(1-A) of Tamilnadu Prohibition Act, in Crime No.1007 of 2019, on the file of the respondent police. Hence, he seeks bail.

3. The petitioner is figuring as A2. The learned Government Advocate (Crl. Side) points out that the petitioner is having quite a few other cases to his credit. Be that as it may, taking note of the period of incarceration, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions; https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1139 of 2020 (i) the petitioner shall 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 Judicial Magistrate, Orathanadu, Thanjavur District.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) on breach of any of the aforesaid conditions, the learned 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]. sd/- 24/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ORATHANADU, THANJAVUR DISTRICT 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT NAGERCOIL.

3 THE SUPERINTENDENT, CRNTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE PROHIBITION ENFORCING WING, PATTUKOTTAI, THANJAVUR DISTRICT.

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

+1 CC to M/s.M.PICHAI MUTHU, Advocate (SR-1472 dated 24/01/2020 ) ORDER IN CRL OP(MD) No.1139 of 2020 Date :24/01/2020 IAS ES/PN/SAR 3/24.01.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2