Veeramani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Veeramani ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Thanjavur PEW Police Station, Thanjavur District.

Crime No.192 of 2023.

... Respondent/Complainant For Petitioner : Mr.K.M.KARUNAKARAN Advocate.

For Respondent : Mr.T.SENTHIL KUMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.192 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 31.01.2023 for the offence punishable under Sections 4(1)(a), 4(1-A) and 4(1)(i) of TNP Act in Crime No.192 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the defacto complainant is that the petitioner was found in illegal possession of 27 numbers of TASMAC liquor bottles along with a cash of Rs.1640/-. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and he has been in judicial custody from 31.01.2023. He would also submit that this is second bail application and the earlier application was dismissed on the ground that the petitioner is having 13 previous cases out of which 8 cases are similar in nature. He would submit that the petitioner is ready 1/3

to deposit Rs.15,000/- to the Ilankudi Panchyat Elementary Middle School, Ilankudi Panchayat, Devakottai Union, Sivagangai District. He would seek for bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner was found in possession of 27 numbers of TASMAC liquor bottles and he is having 13 previous cases and he would object for grant of bail.

5. Heard. Perused the materials available on record including the First Information Report.

6. Taking into consideration of the facts and submissions made by the learned counsels and also taking into consideration the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 Judicial Magistrate NO.2, Thanjavur, by producing the proof for deposit of Rs.15,000/- to the Ilankudi Panchayat Elementary Middle School, Ilankudi Panchayat, Devakottai Union, Sivagangai District and on further conditions that: [b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [c] the petitioner shall report before the respondent Police Station everyday at 10.30 a.m until further orders. [d] the petitioner shall not commit any offences of similar nature.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 27/02/2023 / TRUE COPY / 27/02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

CM TO 1 THE JUDICIAL MAGISTRATE NO.2, THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, SUB-JAIL, THANJAVUR.

4 THE INSPECTOR OF POLICE, THANJAVUR PEW POLICE STATION, THANJAVUR DISTRICT.

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

COPY TO:

THE HEAD MASTER, ILANKUDI PANCHAYAT ELEMENTARY MIDDLE SCHOOL, ILANKUDI PANCHAYAT, DEVAKOTTAI UNION, SIVAGANGAI DISTRICT.

+1. CC to M/S.KARUNAKARAN.K.M. Advocate SR.No.2922

ORDER

IN CRL OP(MD) No.3698 of 2023 Date :27/02/2023 SA/SSS/SAR. /27.02.2023/3P/8C 3/3