Satheeshkumar Alias Sathish v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Satheeshkumar @ Sathish ... Petitioner/Accused No.1 Vs The State represented by, The Inspector of Police, Valanadu Police Station, Trichy District.

Cr.No.156/2021. ... Respondent/Complainant For Petitioner : Mr.M.Pitchaimuthu, Advocate.

For Respondent : Mr.M.MUTHUMANIKKAM, Counsel for Government of Tamil Nadu(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Cr.No.156 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(g) r/w 4(1-A) TNP Act in Crime No.156 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 02.06.2021, at about 04.00 pm., the police conducted search with regard to the prohibitory offence and on knowing about the same, the accused escaped from the scene. On search made in the house, three liters illicit arrack was found. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that A2 was arrested and the petitioner was implicated in this case on the basis of the confession statement. Therefore, he seeks anticipatory bail to the petitioner.

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4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is pending.

5.Taking note of the fact that material witnesses are official witnesses and the fact that material objects have been seized and also the fact that A2 was arrested, this Court is inclined to grant anticipatory bail to the petitioner.

6.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, Manapparai, Trichy District, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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 Aadhar card or Bank pass Book to ensure their identity.

[b]the petitioner shall make a non-refundable deposit for a sum of Rs.5,000/-(Rupees Five 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), within a period of two weeks without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Manapparai, Trichy District; [c]the petitioner shall report before respondent police daily at 10.30 am., until further orders.

[d]the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e]the petitioner shall not abscond either during investigation or trial.

[f]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]. [g]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 21/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, MANAPPARAI, TRICHY DISTRICT.

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

3.THE INSPECTOR OF POLICE, VALANADU POLICE STATION, TRICHY DISTRICT.

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

COPY TO : THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI-9.

ORDER

IN CRL OP(MD) No.8080 of 2021 Date :21/06/2021 GNS JM/JC/SAR-II/23.06.2021 : 3P/6C 3/3