Suresh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN 1.Suresh 2.Mohan ... Petitioners/Accused Vs The State rep.by The Inspector of Police, Pulivalam Police Station, Tiruchirappalli District.

Crime No.157 of 2021. ... Respondent/Complainant For Petitioners : Mr.B.Vetrivel, 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. 157 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/accused, who were arrested on 28.06.2021 for the offences punishable under Sections 4(1)(aa), 4(1)(A) and 4(1-i) of TNP Act in Crime No.157 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 28.06.2021 when the respondent police were engaged in prevention of offences relating to illicit arrack from the western side of Moovanur tasmac shop, they saw a two wheeler bearing Reg. No. TN 48 AK 1893. They stopped the vehicle and on enquiry they found the petitioners in possession of 42Nos of Express brandy each containing 180 ml, 49 Nosof Black pearl Branch each containing 180 ml, 42 Nos of HOney Bee Brandy each containing 180ml, 55 Nos of Old Chef branch each containing 180 ml, 48 Nos of Golden Choice Brandy each containing 180 ml,06 Nos of Day Night Brandy each containing 180ml and 49 Nos of SNJ Brandy each containing 180 Ml, totally 294 bottles. Hence, the complaint. 1/3

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 28.06.2021, hence he seek bail. 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 is pending against the petitioners.

5. 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, this Court is inclined to grant bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail on their executing 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 Thuraiyur 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 petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Advocate Clerk Association, Madurai District Court, KK Nagar,Madurai South, Madurai (Indian Overseas Bank Saving Account No.186701000001902, IFSC Code: IOBA0001867), without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties . 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]. 2/3

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

sd/- 07/07/2021 / 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, THURAIYUR.

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

3.THE INSPECTOR OF POLICE, PULIVALAM POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

4.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

COPY TO:

THE OFFICER INCHARGE ADVOCATE CLERK ASSOCIATION, MADURAI DISTRICT COURT, KK NAGAR, MADURAI SOUTH, MADURAI.

ORDER

IN CRL OP(MD) No.8913 of 2021 Date :07/07/2021 AAV TK/MNR/SAR.5/07.07.2021/3P/7C 3/3