Ganesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Ganesan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.
Crime.No.124 of 2022. ... Respondent/Complainant For Petitioner : M/s.Sasikumar V, Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.124 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 13.04.2022 for the offences punishable under Sections 4(1)(a) and 4(1-A) of TNP Act, in Crime No.124 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that when the respondent police was on patrol duty, they found that the petitioner was in possession of 15 brandy bottles of liquor each containing 180ml and out of the 15 bottles, 6 bottles were opened, in which, atropine was mixed for more intoxication. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution.
However, he would further submit that the petitioner, without prejudice to his right, is ready to deposit the amount that may be imposed by this Court. 4.The learned Government Advocate (Crl. side) for the respondent police would submit that the property has been recovered. He would further submit that the petitioner is having 13 previous cases under the TNP Act and that four cases are pending as of now.
5.Considering the above facts and circumstances and also taking note of the fact that the petitioner is in judicial custody from 13.04.2022 and also the fact that the property has been recovered, this Court is inclined to grant bail to the petitioner subject to the following conditions:
6.Accordingly, the petitioner shall pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non- refundable deposit to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Sivagiri.
7.On such deposit, the petitioner is ordered to be released on bail on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sivagiri and on further conditions that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;
(b)the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of one month and thereafter, as and when required for interrogation;
(c)the petitioner shall not tamper with the evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond 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]; and; (f)if the accused / petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 26/04/2022 / TRUE COPY / 26/04/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, SANKARANKOVIL.
4 THE INSPECTOR OF POLICE VASUDEVANALLUR POLICE STATION, TENKASI DISTRICT.
5 THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI-9.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.V.SASIKUMAR, Advocate ( SR-3849[I] dated 26/04/2022 )
ORDER
IN CRL OP(MD) No.7771 of 2022 Date :26/04/2022 RS/VR/SAR.4 (26.04.2022) 3P-8C 3/3