Madras High CourtCRL OP(MD)/5418/2020allowed

Venkateswaran v. The Inspector Of Police

2020-05-19Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/05/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN 1.Venkateswaran 2.Kannan 3.Poomiswaran ... Petitioners/ Petitioners/ Accused No.1,4,5 Vs State by Inspector of Police, Vembakkottai Police Station, in Cr.No.182 of 2020 ... Respondent/ Respondent/ Complainant For Petitioner : M/s. S.Mahalakshmi, Advocate.

For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the petitioners on Bail in Crime No.182 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Criminal Side) appearing for the respondent.

2. The petitioners are arrayed as A1, A4, and A5. They were arrested and remanded to Judicial Custody on 29.04.2020 for the offences punishable under sections 4(1)(g), 4(1)(b), 4(1)(aa) r/w 41A Tamil Nadu Prohibition Act in Crime No.182 of 2020 on the file of the respondent police. They seek bail.

3. The petitioners were arrested on 29.04.2020 for brewing illicit liquor during the lock-down Covid period. The materials used for brewing illicit liquor and a two wheeler has been seized. The substance recovered from the petitioners is sent to the laboratory for analyze and the report is awaited. Except that portion, other part of investigation is completed.

4. In the above said circumstances, I am inclined to enlarge the petitioners on bail with certain conditions. Accordingly the petitioners are ordered to be released on bail by the Prison Superintendent on own bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) and the petitioner shall, i) furnish with two sureties for likesum within one month from the date of release, to the satisfaction of the Judicial Magistrate, Rajapalayam, Virudhunagar District and on further condition that, ii) the petitioners shall report before the respondent police daily at 10.30 a.m.,until 15.06.2020.

iii) the petitioners shall not tamper with evidence or witness.

iv) the petitioners shall not abscond during trial. v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 19/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE JUDICIAL MAGISTRATE, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR.

3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, VEMBAKKOTTAI POLICE STATION.

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

ORDER

IN CRL OP(MD) No.5418 of 2020 Date :19/05/2020 GNS SRS/ JC/ SAR-II/ 19.05.2020/ 3P/6C