Mahendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/03/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Mahendran ... Petitioner/Sole Accused Vs The State Represented by The Inspector of Police, Thiruppanandhal Police Station, Thanjavur District.

( In Crime No.84 of 2024) ... Respondent/Complainant For petitioner : Mr.D.Rameshkumar 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.84 of 2024 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 02.03.2024 for the offences under Sections 4(1)(a) r/w 4 (1-A) of Tamil 1/5

Nadu Prohibition Act, in Crime No.84 of 2024, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on 02.03.2024, the petitioner was found in illegal possession of 20 number of 180 ml TASMAC brandy bottles. Thereby, he was arrested and remanded to judicial custody. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent person and he has been falsely implicated in this case. The petitioner did not commit any allegations as alleged by the prosecution. However, the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.5,000/- to the credit of the Dean, Thanjavur Medical College Hospital, Thanjavur, for the welfare Cancer patients, without prejudice to her defence before the trial Court. 4.The learned Additional Public Prosecutor submitted that the petitioner was found in illegal possession of 20 number of 180 ml TASMAC brandy bottles. He further submitted that the petitioner is having no previous case. An earlier bail application filed by the petitioner was dismissed by the concerned trial Court. Hence, he opposed to grant bail to the petitioner. 2/5

5. Considering the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner and no previous case is pending against 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, Thiruvidaimaruthur, Thanjavur District, and on further conditions that: (a)as per the undertaking given by the petitioner, the petitioner shall make a non-refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the Dean, Thanjavur Medical College Hospital, Thanjavur, for giving treatment to the Cancer patients, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court while executing the sureties;

(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;

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(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 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/- 20/03/2024 / TRUE COPY / 20/03/2024 Sub-Assistant Registrar (AD II) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU 4/5

TO 1 THE JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE THIRUPPANANDHAL POLICE STATION, THANJAVUR DISTRICT. 4 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR.

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

COPY TO:

THE DEAN, THANJAVUR MEDICAL COLLEGE HOSPITAL, THANJAVUR

ORDER

IN CRL OP(MD) No.4419 of 2024 Date :20/03/2024 SS/SAR- /20/03/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5