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Madras High CourtCRL OP(MD)/18732/2018ordered

Periyasamy, S/O.Kalimuthu v. The Inspector Of Police,

2018-10-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18732 of 2018 PERIYASAMY ... PETITIONER / ACCUSED NO.5 Vs STATE REP. BY THE INSPECTOR OF POLICE, PEW., ALANGUDI POLICE STATION, PUDUKOTTAI DISTRICT.

CR.NO.840 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.YASMIN BEGUM Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A5, who was arrested and remanded to judicial custody on 08.10.2018 for the offence under Sections 4(1)(aa) read with 4(1-A) of TNP Act and under Sections 420, 468 and 471 of I.P.C. in crime No.840 of 2018 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that when the respondent police intercepted the Hundai Car bearing registration No.TN 10 AA 3706, on 08.10.2018 at about 05.00 a.m., they found the petitioner and others were in possession of 336 bottles of brandy, each contains 180 ml. Hence, a case has been registered. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and he has nothing to do with the alleged offence.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (criminal side) would submit that the investigation is pending.

5.Considering the facts and circumstances of the case and considering the period of incarceration by 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;

(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 learned Judicial Magistrate, Alangudi; (ii) the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required.

sd/- 24/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, PEW., ALANGUDI POLICE STATION, PUDUKOTTAI DISTRICT.

4 THE OFFICER INCAHRGE, DISTRICT PRISON, PUDUKOTTAI.

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

+1. CC to Mr.K.SRINIVASARAGAVAN, Advocate SR.No.20128

ORDER

IN CRL OP(MD) No.18732 of 2018 Date :24/10/2018 JM/PN/SAR 2/24.10.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/