Thamarai Alias v. The Inspecctor Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9320 of 2015 THAMARAI @ THAMARAI SELVAN ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE P.E.W. KARUR CRIME NO 498 OF 2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SURESH Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is the sole accused in Crime No.498 of 2015 on the file of the respondent police, was arrested on 06.05.2015 for the alleged offences punishable under Section 4(1) (a) r.w, Section 4 (1A) of TNP Act and hence, seeks bail.

2. The case of the prosecution is that the accused is running an idly shop and he is in possession of 196 brandy bottles each contains 180 ml.

3. The learned counsel for the petitioner submitted that for statistical purpose, the respondent has been registering cases against the petitioner since 2011 and in all previous cases, he was found in possession of illicit arrack. The learned counsel for the petitioner further submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) opposed the bail petition stating that the petitioner is involved in 27 previous cases and if he is granted bail, he will indulge the https://hcservices.ecourts.gov.in/hcservices/ same in future also.

5. However, considering the fact that the petitioner has been incarceration for more then 45 days, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on 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 No.II, Kulithalai and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m. and 5.00 p.m. until further orders. sd/- 22/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, KULITHALAI.

2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, KARUR.

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

4 THE INSPECTOR OF POLICE P.E.W. KARUR.

5. THE OFFICER-IN-CHARGE, SUB-JAIL, KULITHALAI.

+1. CC to M/S.M.SURESH Advocate SR.No.32449 AKM/PPS/23.06.15/2P-7C/

ORDER

IN CRL OP(MD) No.9320 of 2015 Date :22/06/2015 https://hcservices.ecourts.gov.in/hcservices/