Prabudass 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.19893 of 2016 PRABUDASS ... PETITIONER/A2 Vs THE STATE OF TAMILNADU REP.BY , THE INSPECTOR OF POLICE PROHIBITION ENFORCEMENT WING, KUMBAKONAM DISTRICT CRIME NO.634 OF 2016 ... RESPONDENT For Petitioner : M/S.G.V.VAIRAM SANTHOSH Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 24 (A)(D) TNP Act, in Crime No.634 of 2016 on the file of the respondent police.

2.The case of the prosecution is that the petitioner was in possession of 3 bottles of brandy.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that A1 was already arrested and released on bail.

4.Learned Government Advocate (Crl. Side) submits that no previous case is pending against the petitioner. 5.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate No.I, Kumbakonam, within 15 days from the date of receipt of a copy of the order, (i) the petitioner shall be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the likesum to their satisfaction;

(ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact https://hcservices.ecourts.gov.in/hcservices/

of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioner shall report before the respondent police daily at 10.30 a.m. for two weeks and thereafter as and when required.

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 NO.I,KUMBAKONAM.

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

3 THE INSPECTOR OF POLICE PROHIBITION ENFORCEMENT WING, KUMBAKONAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.V.VAIRAM SANTHOSH Advocate SR.No.61033 NBJ CSL/SS-3/SAR-III/19.10.2016: 2P/6C

ORDER

IN CRL OP(MD) No.19893 of 2016 Date :14/10/2016 https://hcservices.ecourts.gov.in/hcservices/