Karthik v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/03/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Karthik

...Petitioner / Accused No.1

Vs The Inspector of Police, Orthanadu Police Station, Thanjavur District.

( In Crime No.141 of 2024) ... Respondent/Complainant For petitioner :

Mr.A.Sivasubramanian, 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.141 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 01.03.2024 for the offence punishable under Sections 4(1)(a), 4(1-A), 4(1)(i) and 4(1)(j) of Tamil Nadu Prohibition Act, in Crime No.141 of 2024, on the file of the 1/5

respondent Police, seeks bail.

2. The case of the prosecution is that on 01.03.2024, the petitioner and the other accused person were found in illegal possession of 27 numbers of liquor bottles. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. The petitioner did not commit any allegation as alleged by the prosecution. However, the petitioner is ready to deposit a sum of Rs.10,000/- to Panchayat Union Middle School, Perumangudi, for the welfare of the students studying in the School, without prejudice to his defence before the trial Court. He further submits that the petitioner is in judicial custody from 01.03.2024. Hence, he prays for grant of bail. 4.The learned Additional Public Prosecutor submits that the investigation is yet to be completed.

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, Orthanadu, and 2/5

on further conditions that:

(a)as per the undertaking given by the petitioner, the petitioner shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to Panchayat Union Middle School, Perumangudi, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court while executing the sureties; Thereafter, the Headmaster of the School shall spend the amount for the welfare of the students and file necessary proof before the learned Magistrate;

(b) 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; (c) the petitioner is directed to appear before the respondent police daily at 10.30 a.m until further orders; (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 3/5

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/- 15/03/2024 / TRUE COPY / 15/03/2024 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB To 1.The Judicial Magistrate, Orthanadu.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Orthanadu Police Station, Thanjavur District.

4/5

4.The Officer Incharge, Sub Jail, Thanjavur.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Headmaster, Panchayat Union Middle School, Perumangudi.

ORDER

IN CRL OP(MD) No.4098 of 2024 Date :15/03/2024 ED/ /SAR- (15/03/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5