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Madras High CourtCRL OP(MD)/6673/2024ordered

Stalin Arokiyaraj v. The Inspector Of Police

2024-04-30Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Stalin Arokiyaraj

2. Aravinth ... Petitioners / Accused No.1 & 2

Versus

The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

(Crime No.334 of 2024) ... Respondent / Complainant For Petitioners :

Mr.P.Veerapandi, Advocate For Respondent :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.334 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against the petitioners in Crime No.334 of 2024 for the offence under Sections 4(1)(a) and 4(1-A) of Tamil Nadu 1/4

Prohibition Act and remanded them into judicial custody on 21.04.2024. Therefore, the petitioners have filed this petition seeking bail.

2. The case of the prosecution is that the petitioners were found in illegal possession of 20 liquor bottles (180 ml. each bottle).

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, they are languishing in Jail from 21.04.2024. Hence, he prays for grant of bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the petitioners are having one previous case.

5. Considering the nature of offence and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail i) on the petitioners executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District. 2/4

ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

iii) The petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. They have to co-operate for the investigation.

iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. They shall be available for the trial as well. v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the bail.

sd/- 30/04/2024 / TRUE COPY / 30/04/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 3/4

To 1.The District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

4.The Officer Incharge, Sub Jail, Thiruvidaimaruthur, Thanjavur District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.VEERAPANDI, Advocate ( SR-5198[I] dated 30/04/2024 )

ORDER

IN CRL OP(MD) No.6673 of 2024 Date :30/04/2024 ED/ /SAR- (30/04/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4