Mythili v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.4414 of 2023 Mythili ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.
Cr.No.134/2023.
... Respondent/Complainant For Petitioner : M/s.Karunakaran K.M., Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-For Bail in Crime No. 134/2023 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 18.02.2023 for the offences punishable under Sections 4(1)(a) and 4(1-A) of TNP Act in Crime No.134 of 2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner was found in illegal possession of 20 numbers of TASMAC (each containing 180ml) brandy liquor bottles Hence the case.
3. Heard. Perused the materials available on record including the First Information Report.
4. Taking into consideration of the facts and circumstances of the case and also taking into consideration the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions:
5.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 learned Judicial Magistrate, Thiruvidaimaruthur 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] the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non refundable deposit by way of Demand Draft/RTGS/NEFT to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, and shall produce the receipt before the concerned Magistrate at the time of executing the bond;
[c] the petitioner shall stay at Coimbatore and report before the Peelamedu Police station police everyday at 10.30 a.m.,for a period of two weeks and thereafter report before the respondent police as and when required for interrogation. [d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or witness 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 08/03/2023 / TRUE COPY / 08/03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 The Judicial Magistrate, Thiruvidaimaruthur 2 Do Through the chief Judicial Magistrate, Thanjavur district at kumbakonam.
3. The Superintendent, Special Prison for Women, Trichy.
4. The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:- 1 The officer incharge, District Siddha Medical Officer, CCRI, Periyakulam 2 The Inspector of police, Peelamedu Police station police, Coimbatore.
+1. CC to M/S.KARUNAKARAN K.M. Advocate SR.No.3659.
ORDER
IN CRL OP(MD) No.4414 of 2023 Date :08/03/2023 AAV MK/VRS/(08.03.2023) 3P 9C