Pitchaimuthukumar @ Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.04.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Pitchaimuthukumar @ Muthukumar

2. Charles

3. Kulanthairajan @ Joseph

4. Mahendrapandi @ Mahendran ... Petitioners/Accused 2 to 5 Vs State represented by The Inspector of Police, Ramanathapuram Bazzar Police Station, Ramanathapuram District.

(Crime No.124 of 2022) ... Respondent/Complainant For Petitioners: Mr.T.Veerakumar, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.124 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A.2 to A.5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 353 and 506(2) IPC and Section 4(1)(a) of Tamil Nadu Prohibition Act, in Crime No.124 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first accused, who was working at the recreation club, had sold liquors illegally at the instigation of the petitioners herein. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

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4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that property has been recovered and that the first petitioner is having one previous case for similar offence and the other petitioners are not having any previous cases.

5.Considering the nature of the charges levelled against the petitioners and also the facts that no one was injured in the incident, that property has been recovered and that the petitioners are not having any previous cases for serious offence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.I, Ramanathapuram, Ramanathapuram District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: [a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation.

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during investigation or trial.

[e]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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 20/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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CSM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANTHAPURAM, RAMANTHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE RAMANATHAPURAM BAZZAR POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. VEERAKUMAR.T. Advocate SR.No.3623

ORDER

IN CRL OP(MD) No.6951 of 2022 Date :20/04/2022 SS/SVR/SAR:I/26.04.2022 : 3P/6C 3/3