Madras High CourtCRL OP(MD)/2991/2022allowed

Kumar v. The Inspector Of Police

2022-02-11Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.2991 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/02/2022 PRESENT The Hon`ble Mr.Justice R.THARANI CRL OP(MD). No.2991 of 2022 Kumar ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Jambunathapuram Police Station, Trichy District.

(Crime No.04/2022) ... Respondent/Complainant For Petitioner : MR.M.Mahendran Advocate.

For Respondent : Mr.R.Suresh Kumar Government Advocate PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.04 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1 herein, who was arrested on 16.01.2022 for the alleged offence under Sections 4(1)(a), 4(1)(1) r/w 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.04 of 2022, on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner and the accused persons were found in illegal possession of 9 bottles of liquor. The case in Crime No.4 of 2022 was registered against the petitioners under Section 4(1)(a), 4(1)(1) r/w 4(1-A) of Tamil Nadu Prohibition Act.

3.On the side of the petitioner, it is stated that A1 is the father of A3 and A2 is the friend of A3. The total quantity of liquor is below four litres and the accused were having the liquor for their personal consumption. The petitioner is in custody from https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2991 of 2022 16.01.2022. That is for the past 35 days. The co-accused A2 and A3 were already released on bail by this Court in Crl.O.P.(MD)No.1488 of 2022. Hence he seeks bail.

4.On the side of the respondent, it is stated that the petitioner is having 6 previous cases. Out of the six cases, two cases are similar in nature and pray the petition to be dismissed. 5.Considering the period of incarceration undergone by the petitioner, considering the overt act against the petitioner, considering the quantity of liquor, this Court is inclined to grant bail to the petitioner with certain conditions. 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, Thuraiyur Trichy and on further condition that the petitioner shall report before the concerned court daily at 10.30 a.m., for a period of ten days. sd/- 11/02/2022 / 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 JAMBUNANTHAPURAM POLICE STATION, TRICHY DISTRICT 4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN CRL OP(MD) No.2991 of 2022 Date :11/02/2022 pnn MK/VR/SAR.III/11.02.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2