Krishnamoorthy @ Pappu v. The Inspector Of Police
CRL OP(MD). No.8547 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD). No.8547 of 2022 Krishnamoorthy @ Pappu ... Petitioner/Accused No.3 Vs The State Rep. By, The Inspector of Police, Thanjavur Prohibition Enforcement Wing, Thanjavur District.
(Crime No.1038/2022).
... Respondent/Complainant For Petitioner : M/s.Karunakaran K M, Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.1038/2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner / accused No.3, apprehending arrest at the hands of the respondent police for the offences punishable under sections 4(1)(aa), 4(1)(i), 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.1038 of 2022, on the file of the respondent police, seeks anticipatory bail.
2.Heard both sides.
3.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that based upon the confession statement of A1 and A2, this petitioner's name was implicated in this case and A1 and A2 were already arrested and released on bail. 4.Considering the facts and the circumstances of this case and the grant of bail to the co-accused, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Thanjavur, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.8547 of 2022 sum to the satisfaction of the learned Magistrate concerned 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 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]. sd/- 06/05/2022 / TRUE COPY / / /2022 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 NO.I, THANJAVUR.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3. THE INSPECTOR OF POLICE, THANJAVUR PROHIBITION ENFORCEMENT WING, THANJAVUR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8547 of 2022 Date :06/05/2022 USK/VR/SAR-IV/09.05.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2