Prabakaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Prabakaran ... Petitioner/Sole Accused Vs The State Rep.by.

The Inspector of Police, Panthanallur Police Station, Thanjavur District.

Cr.No. 135 of 2021.

... Respondent/Complainant For Petitioner : M/s.Karunakaran K.M., Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.135 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested on 03.04.2021 for the offence punishable under Section 4(1)(aaa) r/w 4(1-A) of Tamil Nadu Prohibition Act in Crime No.135 of 2021 on the file of the respondent police, seeks bail.

2.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is in judicial custody from 03.04.2021, hence he may be granted bail.

3.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the petitioner has no previous case. 1/3

4.It is seen from the submissions made that on 03.4.2021, the petitioner was found with 110 litres of Pondicherry Arrack and he was arrested. Hence, the complaint.

5.Taking into consideration the facts and circumstances of the case, taking into consideration the period of incarceration and also taking note of the fact that the petitioner has no previous case, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail on his executing 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, Thiruvidaimaruthur, Thanjavur District, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 10.30 am., until further orders.

[c]the petitioner shall not abscond either during investigation or trial.

[d]the petitioner shall not tamper with evidence or witness 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 229A IPC.

sd/- 26/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, THIRUVIDAIMARUTHUR, 2 DO THROUGH THE CHIEF JUDICIAL THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE OFFICER IN-CHARGE, SUB JAIL, KUMBAKONAM. 4 THE INSPECTOR OF POLICE, PANTHANALLUR POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.5903 of 2021 Date :26/04/2021 AM/VR/SAR 3/26.04.2021/3P/6C 3/3