Venkatesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD) No.9137 of 2017 VENKATESAN ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KUMBAKONAM WEST POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.535/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.M.KARUNAKARAN Advocate For Respondent : MR.C.RAMESH, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Sole Accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4 (1)(aa), 4(1-A) of Tamil Nadu Prohibition Act, 1937, in Crime No.535 of 2016 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was found in possession of 394 liquor bottles.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed the alleged offence.

4.The learned Additional Public Prosecutor submitted that the materials were seized by respondent police.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Kumbakonam, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a https://hcservices.ecourts.gov.in/hcservices/

like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond either during investigation or trial.

(iv) 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 5370].

sd/- 01/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,KUMBAKONAM. 2 THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE KUMBAKONAM WEST POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.M.KARUNAKARAN Advocate SR.No.27678 MRN/PJL CSL/RR-BS/SAR-I/03.08.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.9137 of 2017 Date :01/08/2017 https://hcservices.ecourts.gov.in/hcservices/