N.Jaganathan @ Jeganatha Doss v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN N.Jaganathan @ Jaganatha Doss ... Petitioner/Accused No.4 Vs State Rep.by The Inspector of Police, Prohibition Enforcement Wing, Thuraiyur Police Station, Trichy District.

(Crime No.113/2022).

... Respondent/Complainant For Petitioner : M/s.N.Anandakumar Advocate.

For Respondent : S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.113/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 4(1)(aaa), 4(1)(i) read with 4(1-A) on TNP Act and Section 269 of IPC in Crime No.113 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons were in possession of liquor bottles when the respondent police was on raid. The properties were seized. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. The petitioner is having a petty shop.

1/3

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the accused persons 1 to 4 were arrested and remanded to judicial custody on 23.01.2022. No previous case has been filed against the petitioner.

5. Considering the limited role alleged to have played by the petitioner and the properties have been recovered from the coaccused and since the petitioner is having no previous case, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Thuraiyur, Trichy, on condition that 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 learned Magistrate concerned and the petitioner shall appear before the respondent police once in a month at 10.30 a.m. until further orders. The petitioner shall comply with the condition 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/- 03/02/2022 / 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, THURAIYUR, TRICHY.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, THURAIYUR POLICE STATION, TRICHY DISTRICT.

2/3

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

ORDER

IN CRL OP(MD) No.2277 of 2022 Date :03/02/2022 PNN MS/SBN/SAR-4/11.02.2022/3P.5C 3/3