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Madras High CourtCRL OP(MD)/1606/2022allowed

Arul Immanuvel Stephen v. The Inspector Of Police

2022-01-28Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.1606 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2022 PRESENT The Hon'ble Mrs.Justice R.THARANI CRL OP(MD). No.1606 of 2022 ARUL IMMANUVEL STEPHEN ... PETITIONER/ACCUSED NO.1 VS THE STATE REP. BY, THE INSPECTOR OF POLICE, PEW POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO. 40 OF 2022).

... RESPONDENT/COMPLAINANT For Petitioner : Mr.S.Balasubramanian, 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.40 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested on 17.01.2022 for the offence under Sections 4(1-A), 4(1)(aa) of Tamil Nadu Prohibition Act, in Crime No.40 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the accused persons were found in illegal possession of 120 bottles of spurious liquor in the vehicle, without valid permission. Hence the complaint. 3.On the side of the petitioner, it is stated that the petitioner is innocent and a false case has been foisted against him. The petitioner is in custody from 17.01.2022. Hence, he seeks bail.

4.On the side of the respondent it is stated that 120 bottles of liquor were seized from the accused persons. 5.Considering the period of incarceration undergone by the petitioner, nature of offence, this Court is inclined to grant bail to the petitioner with certain conditions.

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CRL OP(MD). No.1606 of 2022 6.Accordingly, 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 No.IV, Tirunelveli and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 28/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 NO.IV, TIRUNELVELI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, PEW POLICE STATION, TIRUNELVELI DISTRICT.

4. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL OP(MD) No.1606 of 2022 Date :28/01/2022 USK/VR/SAR-I/28.01.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2