Arulkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of June Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.7020 of 2017 ARULKUMAR ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ARAVAYAL POLICE STATION, ARAVAYAL, SIVAGANGAI DISTRICT CRIME NO. 64 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.SRINIVASAN Advocate For Respondent : MR.C.RAMACHANDRAN Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / sole accused, who was arrested on 24.05.2017 for the offences punishable under Section 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.64 of 2017 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on vehicle check up, the petitioner was found with six bottles of Brandi and when he saw the police personnel, tried to ran away from the place. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected in this crime.

4.The learned Additional Public Prosecutor submitted that the petitioner found in possession of six Brandy bottles in which two of them was opened and he was arrested and remanded to judicial custody.

5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:

(i) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, https://hcservices.ecourts.gov.in/hcservices/

each for a like sum to the satisfaction of the learned Judicial Magistrate, Devakottai, Sivagangai District; (ii) the petitioner is directed to appear before the respondent police, daily at 10.30 a.m. until further orders; (iii) the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioner shall not abscond either during investigation or trial;

(v)on breach of any of the aforesaid conditions, the 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 Magistrate/Trial Court.

sd/- 12/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI, SIVAGANGAI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, ARAVAYAL POLICE STATION, ARAVAYAL, SIVAGANGAI DISTRICT.

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

5 OFFICER IN CHARGE, SUB JAIL, THIRUPPATHUR.

+1. CC to M/S.R.SRINIVASAN Advocate SR.No.23898

ORDER

IN CRL OP(MD) No.7020 of 2017 Date :12/06/2017 MKV-CM-MSA-SAR 3/13.6.2017/2P-7C https://hcservices.ecourts.gov.in/hcservices/