Kanagaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.7692 of 2021

1. Kanagaraj

2. Aandi

3. Veerapan ... Petitioners/Accused Vs State rep by The Inspector of Police, Prohibition Enforcement Wing, Thuraiyur, Trichy District.

Cr.No.493 of 2021. ... Respondent/Complainant For Petitioners : Mr.Vetrivel B, Advocate.

For Respondent : Mr.E.Antory Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.493 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioners, who were arrested on 31.05.2021 for the offences punishable under Sections4(1)(g), 4(1-A) of the Tamil Nadu Prohibition Act r/w Section 269 IPC in Crime No.493 of 2021 on the file of the respondent police, seek bail.

2.The case of the prosecution is that on 31.05.2021, when the Police party conducted raid, they found at Cholkat of one Kanakaraj at Elanthaimadai, 350 liters of molasses and wash for preparing arrack. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that the petitioners are in custody from 31.05.2021 and hence, he seeks bail for the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent opposed this petition on the ground that the investigation in this case is not over. However, he would concede that the petitioners have no previous cases pending against them.

5.Taking into consideration the facts and circumstances of the case and the fact that the witnesses in this case are almost official witnesses and material part of the investigation is over and the fact that the petitioners are in judicial custody from 31.05.2021, this Court is inclined to grant bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail on executing their own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each before the Jail Authority. The petitioners after their 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)each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Musiri. 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 petitioners shall make non-refundable deposit for a sum of Rs.15,000/- (Rupees Fifteen Thousand only)each to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), within a period of two weeks without prejudice to their rights and contentions before the trial Court and produce the receipt / acknowledgment before the learned Judicial Magistrate, Musiri. iii)the petitioners shall report before the respondent police daily at 10.30 am., until further orders.

iv)the petitioners shall not tamper with evidence or witness. v)the petitioners shall not abscond during trial. vi)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

Sd/- 14/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 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, MUSIRI.

2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

4.THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, THURAIYUR, TRICHY DISTRICT.

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

COPY TO THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI-9.

ORDER

IN CRL OP(MD) No.7692 of 2021 Date : 14/06/2021 VB VR SAR I(14/06/2021) 3P / 7C