Maheswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). Nos.5541, 5544 & 5545 of 2024 Maheswaran ... Petitioner/Sole Accused in CRL OP(MD).5541 & 5544/2024 ... Petitioner/Accused No.2 in CRL OP(MD).5545/2024 Vs The Inspector of Police, Madukkur Police Station, Thanjavur District.

Crime Nos. 90, 21 & 80/2024.

... Respondent/Complainant in all Crl OPs IN ALL CRL OP's For Petitioner :

Mr.B.Anandan, Advocate.

For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.

COMMON PRAYER :- For Bail in Crime Nos. 90, 80 & 21 of 2024 on the file of the respondent police. COMMON ORDER : The Court made the following order :- The petitioner, who was arrested on 30.03.2024 for the alleged offence under Sections 4(1)(a), 4(1)(i), r/w 4(1-A) of Tamil Nadu Prohibition Act in connection with Crime Nos.90,80 & 21 of 2024, on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner was in illegal possession of 7 bottles of Black Pearl labelled liquor, 16 bottles of MCLENE labelled liquor, 16 bottles of Golden Eagle labelled liquor and 12 bottles of Old Chef brandy. 3.The learned counsel for the petitioner submits that now the petitioner has realized his mistake and changed his attitude. In order to show his bonafide, the petitioner has donated books and furniture worth about Rs.20,000/- to the Government Adi Dravidar Primary School, Vikramam Village Panchayat, Madukkur Union, Pattukkottai Taluk, Thanjavur and a sum of Rs.10,000/- to an Orphanage, namely Angel Devaki Prabhakaran Foundation, Thiruvathavur, Madurai. The petitioner has also filed an affidavit of undertaking that he will not indulge in any offence in future.

4.The learned Additional Public Prosecutor appearing for the respondent objects for grant of bail to the petitioner that the petitioner has involved in 19 previous cases.

5.Considering that the petitioner has realized his mistake and filed an affidavit of undertaking that he will not indulge in any offence in future, this Court is inclined to grant bail to the petitioner with some stringent conditions. 6.Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- 2/4

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, Pattukottai.

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 appear before the respondent police daily at 10.30 a.m, until further orders.

iv) The petitioner shall file an affidavit of undertaking before the respondent police that he will not indulge in any offence in future. v) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

vi) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 26/04/2024 / TRUE COPY / 26/04/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI. 4 THE INSPECTOR OF POLICE, MADUKKUR POLICE STATION, THANJAVUR DISTRICT.

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

+3 CC to M/s.B.ANANDAN, Advocate ( SR-5007[I], SR-5007[I], SR-5008[I] dated 26/04/2024 )

ORDER

IN CRL OP(MD). Nos.5541, 5544 & 5545 of 2024 Date :26/04/2024 RS//SAR-(26.04.2024) 4P 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4