Arul Prakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.7338 of 2017 ARUL PRAKASH ... PETITIONER / ACCUSED NO.6 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE PROHIBITION ENFORCEMENT WING, THURAIYUR POLICE STATION, TRICHY DISTRICT, IN CR.NO.391/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.GOWRISHANKAR Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / A6, who was arrested on 04.05.2017 for the offences punishable under Sections 4(1)(aaa), 4(1-A), 5, 6, 7(a) and 12 of TNP Act, and Sections 420, 465, 468, 471, 482, 486 and 488 IPC in Crime No.391 of 2017 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused has manufactured liquor and prepared fake labels illegally and stored the same in a godown.

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.

4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that totally there are 6 accused and the petitioner is arrayed as A6 in this case. He also submitted that already a case in Crime No.496 of 2017 has been registered against the petitioner and he was enlarged on bail by the Vocation Sessions Judge / Principal Sessions Judge, Namakkal in Crl.M.P.No.1369 of 2017 on 17.05.2017. He further submitted that investigation is still pending.

5.Considering the facts and circumstances of the case and considering the gravity of offence levelled against the petitioner, 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:

https://hcservices.ecourts.gov.in/hcservices/

(i)the petitioner shall execute 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 Judicial Magistrate, Musiri, Trichy District;

(ii)the petitioner is directed to stay at Tiruppur and appear before the Tiruppur North Police Station, Tiruppur daily at 10.30 a.m. for a period of 20 days and thereafter, he shall 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 03/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 OFFICER IN CHARGE, SUB JAIL, NAMAKKAL.

4 THE INSPECTOR OF POLICE, TIRUPPUR NORTH POLICE STATION, TIRUPPUR.

5 THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, THURAIYUR POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.R.GOWRISHANKAR Advocate SR.No.25724

ORDER

IN CRL OP(MD) No.7338 of 2017 Date :03/07/2017 MKV-PM-PN-SAR 2/3.7.2017/2P-8C https://hcservices.ecourts.gov.in/hcservices/