Katukani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Katukani ... Petitioner/Sole Accused Vs The Inspector of Police, Kumbakonam Pew Police Station, (Crime No.217/2024.) ... Respondent/Complainant For Petitioner :

Mr.Dhilipan Pandian R.L. Advocate.

For Respondent :

Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 217/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested on 26.03.2024, for the offence under Sections 4(1)(a), 4(1)(i) & 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.217 of 2024, seeks bail.

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2. The case of the prosecution is that the petitioner was found in illegal possession of 180 ml TASMAC brandy liquor bottles and a cash of Rs.1200/- out of its sales.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in Jail from 26.03.2024.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is yet to be completed. He further submits that no previous case is pending as against this petitioner.

5. Considering the facts and circumstances of the case, the period of incarceration and also considering the fact that no previous case is pending as against this petitioner, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Papanasam, 2/4

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall report before the respondent police as and when required and also shall co-operate for investigation. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.

sd/- 10/04/2024 / TRUE COPY / 10/04/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN To 1.The Judicial Magistrate, Papanasam, Thanjavur District.

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2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Kumbakonam PEW Police Station, 4.The Officer Incharge, District Prison, Thanjavur, Thanjavur District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.5486 of 2024 Date :10/04/2024 ED/ /SAR- (10/04/2024) 4P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4