Balakrishnan Alias Aachi Masala Balu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2021 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.7517 of 2021 Balakrishnan @ Aachi Masala Balu ... Petitioner/Accused No.1 Vs The State Rep. by The Inspector of Police, PEW-Alangudi Police Station, Pudukkottai District, Crime No.128/2020. ... Respondent/Complainant For Petitioner : Mrs.Banumathy, Advocate.

For Respondent : Mr.T.Senthil Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- Bail in Crime NO.128/2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 465, 468, 471 of I.P.C., Sections 4(1)(aaa) and 4(1-A) of Tamil Nadu Prohibition Act and Sections 5 and 6 Tamil Nadu Rectified Sprit Rules, 2000, in Crime No.128 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. When the matter was taken up for hearing on 09.06.2021, I indicated that if the petitioner surrenders before the respondent police, I would convert this petition as bail petition. It is now stated that the petitioner surrendered before the respondent and presently confined at Sub Jail, Thirumayam. Hence, this criminal original petition is converted as bail petition.

4. Taking note of the over all facts and circumstances of the case, I am inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) before the Jail Authority. The petitioner after his release shall surrender before the concerned Judicial Magistrate voluntarily on any working day within a period of one month from the date of resumption of regular work in the Subordinate Courts and execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Alangudi, Pudukkottai District. On such execution of bond before the concerned Magistrate, the own bond executed before the Jail Authority shall stand cancelled automatically. i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.

(ii)the petitioner shall report before the respondent police as and when required for interrogation.

iii)the petitioner shall not tamper with evidence or witness. iv)the petitioner shall not abscond during trial. v)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]. vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 11/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, ALANGUDI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE, PEW-ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

5. THE OFFICER INCHARGE, SUB JAIL, THIRUMAYAM.

ORDER

IN CRL OP(MD) No.7517 of 2021 Date :11/06/2021 IAS TE/JC/SAR-I : 14/06/2021 : 3P/6C