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Madras High CourtCRL OP(MD)/15247/2015allowed

A.Abdul Rahim v. State Rep.By Its

2015-08-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15247 of 2015 A.ABDUL RAHIM ... PETITIONERS/ ACCUSED NO.3 Vs STATE REP.BY ITS THE INSPECTOR OF POLICE, PROHIBITION EXCISE WING, TRICHY CITY POLICE STATIOAN, TRICHIRAPALLI.

(CR.NO.499/15) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.CHANDRA KUMAR Advocate For Respondent : MS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused No.3, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(a), 4(1)(i) read with 4(1-A) and 24 of Tamil Nadu Prohibition Act in Crime No.499 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner, who is owner of the bar attached to the TASMAC shop sold IMF liquors illegally, manufactured in Pondicherry.

3.The learned counsel for the petitioner submitted that the petitioner is a licensee of running of bar and his employees A.1 and A.2 without his knowledge sold the liquor manufactured in Pondicherry and they were arrested and released on bail.

4.The learned Government Advocate (Criminal Side) submitted that the petitioner has no bad antecedents.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.V, Trichy and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the https://hcservices.ecourts.gov.in/hcservices/

satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police twice at 10.00 a.m., and 05.00 p.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 06/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.

THE JUDICIAL MAGISTRATE NO.V, TRICHY.

2.

DO THRO THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3.

THE INSPECTOR OF POLICE, PROHIBITION EXCISE WING, TRICHY CITY POLICE STATIOAN, TRICHY.

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

+1. CC to M/S.A.CHANDRA KUMAR Advocate SR.No.44476

ORDER

IN CRL OP(MD) No.15247 of 2015 Date :06/08/2015 NS/AMF/SAR-I/10.08.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/