Murugesan v. The Inspector Of Police

CRL OP(MD). No.4652 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.4652 of 2020 Murugesan ... Petitioner/2nd Accused Vs State Rep.by The Inspector of Police, Prohibition Exercise Wing, Palani, Dindigul District.

(Crime No.1179 of 2018) ... Respondent/Complainant For Petitioner : M/s.D.Venkatesh, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1179 of 2018 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 4(1)(a) and 24 of TNP Act seeks anticipatory bail.

2. The petitioner herein who is the owner of tasmac shop has permitted A2 to sell liquor before permitted hours and the same has been found during the surprise raid conducted by the respondent police.

3. The incident alleged to have happened on 09.02.2018 and till dated the petitioner is absconding and the respondent could not lay their hands to secure the accused persons and conduct the investigation.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner.

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CRL OP(MD). No.4652 of 2020

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Palani on condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:

[a] The petitioner and 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] the petitioner shall report before the respondent police daily at 10.00 a.m and 4.00 p.m until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

[e] 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 16/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, PALANI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3. THE INSPECTOR OF POLICE, PROHIBITION EXERCISE WING, PALANI, DINDIGUL DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.D.VENKATESH, Advocate ( SR-5430[I] dated 18/03/2020 ) ORDER IN CRL OP(MD) No.4652 of 2020 Date :16/03/2020 MS/VR/SAR-4/18.03.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2