Suresh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.03.2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Suresh ... Petitioner/Accused No.2 Vs The Inspector of Police, Nadukaveri Police Station, Thanjavur District.
(Cr.No.100 of 2024) ... Respondent/Complainant For Petitioner :
Mr.S.Manojkumar, Advocate For Respondent :
Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.100 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 19.02.2024 for the alleged offence punishable under Sections 4(1)(a), 4(1-A) of the Tamil Nadu Prohibition Act in Crime No.100 of 2024, on the file of the respondent Police, seeks bail.
2.The case of the prosecution is that the petitioner and other accused were in illegal possession of 13 bottles of liquor. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the 1/4
petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. However, on instructions, he would further submit that the petitioner, without prejudice to his rights, is ready to pay a sum Rs.5,000/- to the Trust and hence, he prays for bail.
4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that investigation in this case is not yet completed. 5.Considering the facts and circumstances of the case, 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 his executing 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 Judicial Magistrate, Thiruvaiyur and on further conditions that:
(a) 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;
(b)as per the undertaking given by the petitioner, the petitioner is directed to pay a sum of Rs.5,000/-(Rupees Five Thousand only) to the credit of Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai, and the proof shall be filed before the trial Court. The 2/4
concerned Magistrate, after perusing the proof, shall accept the sureties furnished by the petitioner;
(c)the petitioner is directed to appear before the respondent police daily at 10.30 A.M., for a period of two weeks and thereafter, as and when required; (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial; (f)on breach of any of the aforesaid conditions, 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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 04/03/2024 / TRUE COPY / 04/03/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE, NADUKAVERI POLICE STATION, THANJAVUR DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, THAJAVUR.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE OFFICER INCHARGE ROJAVANAM, HOME FOR AGED AND POOR, ULAGANERI, Y.OTHAKADAI, MADURAI.
+1 CC to M/s.S.PRABHA, Advocate ( SR-2697[I] dated 04/03/2024 ) ORDER IN CRL OP(MD) No.3384 of 2024 Date :04/03/2024 RS//SAR-(04.03.2024) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4