Sekar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Sekar ... Petitioner/5th Accused Vs The Inspector of Police, Pattukottai PEW Police Station, Thanjavur District.
Crime No.172 of 2024.
... Respondent/Complainant For Petitioner :Mr.K.M.Karunakaran, Advocate.
For Respondent :Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime no.172 of 2024 on the file of the Respondent Police 1/5
ORDER : The Court made the following order :- The petitioner, who was arrested on 09.03.2024 for the alleged offence under Sections 4(1)(aaa), 4(1-A) of Tamilnadu Prohibition Act and under Sections 468, 471, 420 of IPC r/w 5,6,8 of Tamil Nadu Rectified Spirit Rules 2000, in Crime No. 172 of 2024, seeks bail.
2.The case of the prosecution is that the petitioner along with other accused were found in possession of TASMAC Liquor bottles and ID Arrack. 3.The learned counsel for the petitioner submits that the petitioner is a driver and he has not committed any offence as alleged by the prosecution. He is languishing in jail from 09.03.2024.
4.The learned Additional Public Prosecutor appearing for the respondent submits that no previous case is pending as against this petitioner.
5. Considering the facts and circumstances of this case and considering the period of incarceration and considering that no previous case is pending as against this petitioner, this Court is inclined to grant bail to the petitioner. 2/5
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, Peravurani. 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.
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. The petitioner shall be available for the trial as well.
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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/- 16/04/2024 / TRUE COPY / 16/04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
vrn TO 1.THE JUDICIAL MAGISTRATE, PERAVURANI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.
3.THE OFFICER IN CHARGE, SUB JAIL, PATTUKOTTAI.
4.THE INSPECTOR OF POLICE, PATTUKOTTAI PEW POLICE STATION, THANJAVUR DISTRICT.
5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-4463[I] dated 16/04/2024 ) 4/5
ORDER
IN CRL OP(MD) No.5673 of 2024 Date :16/04/2024 RK/ (16/04/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5