Pandiyaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
1. Pandiyaraj
2. Megala ... Petitioners / Accused No.1&2 Vs The State rep by The Inspector of Police, Karaiyur Police Station, Pudukkottai District.
(Crime No.24/2023.) ... Respondent / Complainant For Petitioners : M/s.Selvakumar V, 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. 24/2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/A1 and A2 who were arrested and remanded to judicial custody on 08.03.2023 for the offences under sections 294 (b), 353,506(i) of IPC and section 4(1)(a), 4(1)(i) r/w 4(1-A) of TNP Act in Crime No.24 of 2023 on the file of the respondent police seek bail.
2. The case of the prosecution is that the petitioners were found in illegal possession of 55 number of tasmac (Each containing 180 ml) liquor bottles, hence the case.
3. Heard. Perused the materials available on record including the First Information Report. It is reported that A1 is having six similar previous cases.
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4. Taking into consideration of the facts and submissions made by the learned counsels and also the period of incarceration, this court is inclined to grant bail to the petitioners , subject to the following conditions:
5.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties, each for a like sum to the satisfaction of learned District Munsif cum Judicial Magistrate, Illupur, Pudukottai District 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 petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)each as non refundable deposit by way of Demand Draft/RTGS/NEFT to the RAY OF LIGHT FOUNDATION; A/c No : 50100078904233; IFSC code : HDFC0001864; No.10, Nageswara Road, Nungambakkam, Chennai, Tamil Nadu 600034; Ph No.8939065431, and shall produce the receipt before the concerned Magistrate at the time of executing the bond;
[c] the petitioners shall report before the respondent police daily at 10.30 a.m.,until further orders.
[d] the petitioners shall not abscond either during investigation or trial.
[e] the petitioners 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 17/03/2023 / TRUE COPY / 17/03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV 2/3
To 1.The District Munsif cum Judicial Magistrate, Illupur, Pudukkottai District.
2.Do through the Chief Judicial Magistrate, Pudukkottai District.
3.The Inspector of Police, Karaiyur Police Station, Pudukkottai District.
4.The Officer Incharge, District Prison, Pudukkottai.
5.The Superintendent, Central Prison for Women, Trichy 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Officer Incharge, Ray of Light Foundation, No.10, Nagewara Road, Nungambakkam, Chennai Tamil Nadu 600034.
ORDER
IN CRL OP(MD) No.5109 of 2023 Date :17/03/2023 ED/SBN/SAR- (17/03/2023) 3P 8C 3/3