Vijaya v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.7253 of 2023
1. Vijaya,
2. Sangeetha, ... Petitioners/Accused 1 & 2 Vs The State represented by The Inspector of Police, Pandhanallur Police Station, Thanjavur District.
(Crime No.162/2023..
... Respondent/Complainant For Petitioners : M/s.Veerapandi.P, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Cr No.162/2023 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners / A1 and A2 who were arrested and remanded to judicial custody on 23.03.2023 for the offences under sections 4(1)(a) r/w 4(1-A) of TNP Act in Crime No.162 of 2023 on the file of the respondent police seeks bail.
2. The case of the prosecution is that the petitioners were found in illegal possession of 24 number of tasmac (Each containing 180 ml) liquor bottles, hence the case..
3. Heard both sides and perused the materials available on record including the First Information Report. It is reported that eight previous cases are pending against the first petitioner.
4. Taking into consideration of the facts and submissions made by the learned counsels and also the period of incarceration this
court is inclined to grant bail to the petitioners, subject to the following conditions:
[a] Accordingly, the petitioners are ordered to be released on bail on condition to 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 Thiruvidaimaruthur, Thanjavur District and on further conditions that: [b] 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. [c] the first petitioner shall stay at Tharapuram and report before the Tharapuram Police station daily at 10.30 am., and 5.30 pm., for a period of two weeks and thereafter before the respondent police daily at 10.30 A.M. for a period of two weeks and thereafter as and when required for interrogation.
The second petitioner shall stay at Tirunelveli and report before the Tirunelvelvi Town Police station daily at 10.30 am., and 5.30 pm., for a period of two weeks and thereafter before the respondent police daily at 10.30 A.M. for a period of two weeks and thereafter as and when required for interrogation.
[d] the petitioners shall not commit any offences of similar nature.
[e] the petitioners shall not abscond either during investigation or trial.
[f] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[g] On breach of any of the aforesaid conditions, the learned Judicial 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 20/04/2023 / TRUE COPY / 20/04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV
TO 1 THE JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE PANDHANALLUR POLICE STATION, THANJAVUR DISTRICT. 4 THE SUPERINTENDENT, WOMEN PRISON, THIRUVARUR.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
1 THE INSPECTOR OF POLICE THARAPURAM POLICE STATION, THARAPURAM.
2 THE INSPECTOR OF POLICE, TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI. +1 CC to M/s.VEERAPANDI.P, Advocate ( SR-6184[I] dated 20/04/2023 )
ORDER
IN CRL OP(MD) No.7253 of 2023 Date :20/04/2023 SS/SSS/SAR /20/04/2023/3P/9C