B.Srinivasan, 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.7601 of 2017 1 B.SRINIVASAN 2 M.SARATHKUMAR 3 S.THAVAMANI ... PETITIONERS / ACCUSED NO.2 to 4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, PEW THURAIYUR POLICE STATION, TRICHY DISTRICT.

(CRIME NO.391 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.RAJA 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 petitioners / A2 to A4, who were arrested on 08.05.2017 for the offences punishable under Sections 4(1)(aaa) r/w 4(1-A), 5, 7, 12 of TNP Act, Sections 5 and 6 TNRS Rule 2000 and 420, 465, 468, 471, 482, 486 and 488 IPC in Crime No.391 of 2017 on the file of the respondent police, seek bail.

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

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have 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 petitioners are arrayed as A2 to A4 in this case. He also submitted that already a case in Crime No.319 of 2017 has been registered against the petitioners and they were enlarged on bail by the Vocation Sessions Judge / Principal Sessions Judge, Namakkal in Crl.M.P.No.495 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 petitioners, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions:

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(i)the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Thuraiyur;

(ii)the petitioners are 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, they shall appear before the respondent Police daily at 10.30 a.m., until further orders;

(iii)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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, THURAIYUR.

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, PEW THURAIYUR POLICE STATION, TRICHY DISTRICT. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.7601 of 2017 Date :03/07/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PM-PN-SAR 2/3.7.2017/2P-7C