Arunpandian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Arunpandian ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.
(Crime No.379/2022).
... Respondent/Complainant For Petitioner : M/s.Sathyachidambaram S, 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.379 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 14.12.2022 for the offences punishable under Section 4(1A) of TNP Act in Crime No.379 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 18 numbers of TASMAC (each containing 180ml) brandy liquor bottles. Hence the case. 3.The learned counsel appearing for the petitioner would submit that a false case has been foisted against the petitioner. He would further submit that the petitioner is in judicial custody from 14.12.2022, hence he seeks bail.
4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was found in illegal possession of 18 numbers of TASMAC (each containing 180ml) brandy liquor bottles and he is having 9 previous cases. Hence, he vehemently opposed to grant bail to the petitioner.
5. In reply the learned counsel for the petitioner would submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and without prejudice to his 1/3
defence he is also ready to make a donation for any welfare scheme of the Government. Hence he seeks bail.
6.Heard. Perused the materials available on record including the FIR.
7.Considering the facts and circumstances of the case and also considering the period of incarceration and also voluntarily offer made by the petitioner , this Court is inclined to grant bail to the petitioner.
8.Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate No.II, Sivakasi, Virudhunagar District and on further conditions that :- [a] 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 petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non refundable deposit by way of Demand Draft/RTGS/NEFT to the credit of Madras High Court Madurai Bench, Advocate Clerk's Welfare Association, Madurai-625 023 (Indian Bank Saving Account No.496039124, IFSC Code: IDIB000H040),and shall produce the receipt before the concerned Magistrate at the time of executing the bond;
[c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 25/01/2023 / TRUE COPY / 25/01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV 2/3
TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAKASI, VIRUDHUNAGAR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
3 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR DISTRICT.
4 THE INSPECTOR OF POLICE THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE OFFICER INCHARGE, ADVOCATE CLERKS WELFARE ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.SATHYACHIDAMBARAM, Advocate ( SR-1168[I] dated 25/01/2023 )
ORDER
IN CRL OP(MD) No.1169 of 2023 Date :25/01/2023 RS/VR/SAR.(25.01.2023) 3P-8C 3/3