Chinnachamy v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19784 of 2016 CHINNACHAMY ... PETITIONER/ACCUSED NO. 1 Vs THE INSPECTOR OF POLICE, PROHIBITION AND ENFORCEMENT WING, PALANI, DINDIGUL DISTRICT CR. NO. 756 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.VEERA ASSOCIATES Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner is arrayed as Accused No.1, who was arrested and remanded to judicial custody on 04.10.2016 for the alleged offences punishable under Sections 4(1)(aa) 4(1-A) of Tamil Nadu Prohibition Act and Rules 5, 6, 7 Tamil Nadu Rectified Spirit Rules, 2000, in Crime No.756 of 2016, on the file of the respondent police and hence, seeks bail.
2.The case of the prosecution is that on 04.10.2016, when the respondent was conducting vehicle check, the accused was found in transporting 15 bottles of liquor (180 ml), spirit in 8 cans of 5 litre and also 69 pockets containing 100 ml illicit liquor. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and he is languishing in jail from 04.10.2016. He would further submit that the petitioner is the driver of the Omni vehicle and the second accused was contesting for union councillor post, while the wife of the third accused was contesting for a member of the panchayat and due to political motive, a false case has been registered.
4.The learned Government Advocate (Criminal Side) would submit that the petitioner has no bad antecedents and the second accused was arrested and released on bail, while the fourth accused is still in custody.
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5.Considering the submission of the learned counsel for the petitioner and the learned Government Advocate (Criminal Side), this Court is inclined to grant bail to the petitioner.
6. Accordingly, the petitioner is directed to be released on bail, on 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, Palani and on further condition that the petitioner shall reside at Coimbatore and appear before the R.S Puram Police Station daily at 10.00 a.m., for a period of one week and thereafter as and when required for interrogation before the respondent Police.
sd/- 14/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, PALANI.
2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.
3 THE INSPECTOR OF POLICE, PROHIBITION AND ENFORCEMENT WING, PALANI, DINDIGUL DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, PALANI.
5 THE INSPECTOR OF POLICE, R.S.PURAM POLICE STATION, COIMBATORE.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.VEERA ASSOCIATES Advocate SR.No. 60700 ps-ssl JA-SKS-RR-SAR.3/14.10.2016/2P:8C
ORDER
IN CRL OP(MD) No.19784 of 2016 Date :14/10/2016 https://hcservices.ecourts.gov.in/hcservices/