P.Ganesan v. The Sub-Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.7480 of 2019 P.GANESAN ...PETITIONER / ACCUSED No.2 Vs STATE REP.BY THE SUB-INSPECTOR OF POLICE, SRIVILLIPUTHUR PEW POLICE STATION, VIRUDHUNAGR DISTRICT.

Crime No. 261 of 2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.SIVABALAN Advocate For Respondent : Mr.R.ANANDARAJ, Additional Public Prosecutor 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.2, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(aaa) of Tamil Nadu Prohibition Act, in Crime No.261 of 2019, seeks anticipatory bail. 2.The case of the prosecution is that while on raid, totally 180 bottles of liquor which is meant for Army persons recovered from A1's house. Thus, a case has been registered against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. 4.The learned Government Advocate (Criminal Side) would submit that the investigation is still pending. 5.The submissions made by the learned counsel appearing on either side are considered. It is alleged, during the time of occurrence, the petitioner possessed 180 bottles of liquors. As of now, the said property was recovered. Considering the nature of offences committed by the petitioner, the custodial interrogation of

the petitioner may not be necessary for completing the investigation. Hence, considering the facts and circumstance that substantial portion of investigation has been completed and that this Court is inclined to grant anticipatory bail with some stringent conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.II, Srivilliputhur, Virudhunagar District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner as well as the sureties shall submit a copy of their Aadhar Card or any other identity cards issued by the Government, in proof of their address, along with the surety bonds; (ii) the petitioner shall appear before the respondent Police daily 10.00 a.m., for a period of three weeks and thereafter as and when required for interrogation;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iv) the petitioner shall co-operate for the investigation and the trial. The petitioner shall not abscond either during investigation or trail and in event of the petitioner abscond, the respondent police shall register a case as provided under Section 229-A IPC; (v) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioner shall stand automatically cancelled and 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/- 29/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO II, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3.THE SUB-INSPECTOR OF POLICE, SRIVILLIPUTHUR PEW POLICE STATION, VIRUDHUNAGR DISTRICT.

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

+1. CC to Mr.K.SIVABALAN Advocate SR.No.8970

ORDER

IN CRL OP(MD) No.7480 of 2019 Date :29/05/2019 TK/JC/SAR-2/03.06.2019/3P/6C