Madras High CourtCRL OP(MD)/7856/2021partly allowed

Karpagaselvam v. The Inspector Of Police

2021-06-16Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN

1. Karpagaselvam

2. Ramu ... Petitioners/Accused 1 & 2 Vs State Rep. by The Inspector of Police, Erwadi Dharga Police Station, Ramanathapuram District.

(Crime No.171 / 2021).

... Respondent/Complainant For Petitioners : Mr.Balamurugapandi.D., Advocate.

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

PRAYER :- Bail in Crime No.171 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/A2 and A3, who was arrested on 07.06.2021 for the offences punishable under Section 4(1-A) of TNP Act in Crime No.171 of 2021 on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 07.06.2021 when the police party were engaged in preventing of prohibitory offence at about 6.45 a.m., in the north of side of Adancherri village near palm tree grove, on seeing the police, five persons who are the accused in this case tried to escape from there, but the police party apprehended Karapagaselvam and Ramu and found from them that Murugan, Sudharsan and Sathyaraj had escaped. On search in 5 plastic drums with a capacity of 200 litres, they found 1000 litres of Toddy. 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 judicial custody from 07.06.2021,hence he seeks bail. 1/3

4.The learned Additional Public Prosecutor appearing for the respondent police opposed this petition on the ground that the investigation is not yet completed. He would further submit that no previous case of similar nature is pending against the first petitioner and five previous cases of similar nature is pending against the second petitioner/third accused.

5. As regards the second petitioner, taking into consideration the fact that five previous case of similar nature is pending against the second petitioner, this Court is not inclined to grant bail to the second petitioner. Hence the petition stands dismissed as against the second petitioner/third accused.

6. Taking into consideration all these facts and also considering the period of incarceration and also the fact that the material witnesses are only official witnesses and also the fact that no previous case is pending against the first petitioner, this Court is inclined to grant bail to the first petitioner.

7. Accordingly, the first petitioner is ordered to be released on bail on his executing 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 No.II, Ramanathapuram, Ramanathapuram District and on further condition that 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 first petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties.

iii)the first petitioner shall report before the respondent police daily at 10.30 am., until further orders. iv)the first petitioner shall not tamper with evidence or witness.

v)the first petitioner 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 first petitioner in accordance with law as if the 2/3

conditions have been imposed and the first 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].

vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 16/06/2021 / 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 NO.II, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, ERWADI DHARGA POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.

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

COPY TO:

THE OFFICER INCHARGE, GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND IN IOB, SECRETARIAT BRANCH, CHENNAI-9.

ORDER

IN CRL OP(MD) No.7856 of 2021 Date :16/06/2021 AAV JM/VR/SAR III/16.06.2021/3P/7C 3/3