Samidurai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.03.2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Samidurai ... Petitioner/Accused No.2 Vs The Inspector of Police, Thajavur PEW Police Station, Thanjavur District.
(Crime No.137 of 2024) ... Respondent/Complainant For Petitioner :
Mr.R.Rajamohan, 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.137 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 02.03.2024 for the alleged offence punishable under Sections 4(1)(a) & 4(1-A) of the Tamil Nadu Prohibition Act in Crime No.137 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 found in illegal possession of 24 bottles of 180 ML liquor. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offence as 1/4
alleged by the prosecution. However, on instructions, he would further submit that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.10,000/- to the Panchayat Union Middle School, Perumangudi, Thanjavur District for the welfare of the students studying in the School. 4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that investigation is going on.
5.Considering the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, 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 No.II, Thanjavur and on further conditions that:
(a) as per the undertaking given by the petitioner, the petitioner shall make a demand draft for a sum of Rs.10,000/- (Rupees Ten Thousand only) in favour of the Panchayat Union Middle School, Perumangudi, Thanjavur District and appropriate proof shall be sent to the concerned learned Judicial Magistrate by the Headmaster of the said School and thereafter, sureties shall be accepted. (b)the sureties shall affix their photographs and left thumb impression in the 2/4
surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(c)the petitioner is directed to appear before the respondent police 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/- 13/03/2024 / TRUE COPY / 13/03/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
gns 3/4
TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE, THANJAVUR PEW POLICE STATION, THANJAVUR DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE OFFICER INCHARGE, PANCHAYAT UNION MIDDLE SCHOOL, PERUMANGUDI, THANJAVUR DISTRICT.
+1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-3109[I] dated 13/03/2024 )
ORDER
IN CRL OP(MD) No.3998 of 2024 Date :13/03/2024 RS//SAR-(13.03.2024) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4