Selvi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14734 of 2017 SELVI ... PETITIONER / ACCUSED No.2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE PROHIBITION ENFORCEMENT WING, DINDIGUL.

CRIME NO.910/2017 ... RESPONDENT / COMPLAINANT For Petitioner : MR.K.SEEMARAJ for M/S.K.KULANTHAI VIKRAM Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Accused No.2, who was arrested and remanded to judicial custody on 13.10.2017 by the respondent police for the offences punishable under Sections 4(1)(aaa) and 4(1-A) of Tamil Nadu Prohibition Act, 1937, in Crime No.910 of 2017, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that when the respondent police conducted routine check up, they recovered 1751 Brandi bottles from the petitioner and the petitioner's husband who was detained under Goondas. Hence, a case has been registered against the petitioner for the above said offences.

3.The learned counsel for the petitioner submitted that there is no specific allegation against the petitioner, however, the petitioner's husband was detained under Goondas. He further submitted that the petitioner is living alone without any support and hence, she prayed for bail.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that there is one previous case pending against the petitioner and the investigation has almost been completed. He further submitted that the main accused i.e. the petitioner's husband has already been detained under Goondas. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate

(Crl. Side), I am inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) 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 learned Judicial Magistrate No.III, Dindigul;

(ii) the petitioner shall report before the respondent police, daily at 10.30 a.m. for a period of two 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 not abscond either during investigation or trial;

(v) the petitioner shall not commit any offence while on bail;

(vi) 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 and the bail granted stands cancelled automatically.

sd/- 16/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, DINDIGUL. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 OFFICER IN CHARGE, SPECIAL PRISON FOR WOMEN, MADURAI.

4 THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, DINDIGUL.

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

+1. CC to M/S.K.KULANTHAI VIKRAM Advocate SR.No.87643

ORDER

IN CRL OP(MD) No.14734 of 2017 Date :16/11/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PM-PN-SAR 3/16.11.2017/2P-7C