K.Murugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/09/2020 PRESENT The Hon'ble Mr. Justice B.PUGALENDHI
1. K.MURUGAN
2. P.JAYABALAN ... PETITIONER/ACCUSED NO.1&2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, ODDANCHATHIRAM TALUK POLICE STATION, ODDANCHATTIRAM, DINDIGUL DISTRICT.
CRIME NO. 125 OF 2020. ... RESPONDENT/COMPLAINANT For Petitioners: MR.S.RAMSUNDAR VIJAYARAJ, Advocate.
For Respondent : MR.A.ROBINSON, Government Advocate ( Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER :
For anticipatory bail in crime no.125 of 2020 on the file of the respondent police.
ORDER : The Court Made the following order :- The petitioners, who are arrayed as Accused No.1 and 2 in Cr.No.125 of 2020 on the file of Oddanchathiram Taluk Police Station, Dindigul District, have filed the present anticipatory bail petition that they are apprehending arrest for the offence under Section 4 (1) (aaa) of Tamilnadu Prohibition Act. 2.The case of the prosecution is that on 24.03.2020, when the defacto complainant along with her team of police constables is in the routine rounds, near Dindigul Biriyani Hotel situated on Dindigul - Palani Main Road, it was noticed that the petitioners along with two other persons were suspiciously moved and having 1056 liquor bottles so as to sell the same to the public for higher price and on seeing the police officials, they ran away from the scene of 1/3
occurrence leaving the liquor bottles. Hence, the respondent police lodged the present complaint.
3.The learned counsel for the petitioners submits that since the petitioners belong to a political party, to disrepute them, on the pressure and inducement of the opposite rival group, the respondent has registered the above false case. The petitioners never indulged in such illegal acts.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioners were having possession of 1056 IFMC liquor bottles with them. He would submit that the second petitioner is an employee of the TASMAC shop. 5.Though the respondent police registered a case that they have recovered 1056 bottles of IMFC liquors on 24.03.2020, the petitioners could not be apprehended by them. There is no reference, as to how the identifications of the petitioners have been fixed by the respondent police later. Since these petitioners have not been apprehended at the time of occurrence, this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, this criminal original petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy was made ready before the learned Judicial Magistrate, Oddanchathiram, Dindigul District, on condition that the petitioners shall execute a separate 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 and on further conditions that:- [a] the petitioners as well as the sureties shall submit a copy of their Aadhar card or any other identity cards issued by the Government, in proof of their address, along with the surety bonds. [b] the petitioners shall report before the respondent police as and when required.
[c] the petitioners shall not tamper the evidence or witness either during investigation or trial. [d] the petitioners shall co-operate for the investigation and the trial. The petitioners shall not abscond either during investigation or trial and in event of the petitioners absconds, the respondent police shall register a case as provided under Section 229-A IPC.
[e] in the event of breach of any of the aforesaid conditions, the learned Magistrate / trial Court is entitled to take appropriate action against the petitioners, as per the principles 2/3
laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
sd/- 10/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, ODDANCHATHIRAM.
2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3. THE INSPECTOR OF POLICE, ODDANCHATHIRAM TALUK POLICE STATION, ODDANCHATTIRAM, DINDIGUL DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.VEERA ASSOCIATES,Advocate (SR-6359[I] dated 10/09/2020)
ORDER
IN Date :10/09/2020 TM SRS/ PN/ SAR-IV/ 14.09.2020/ 3P/6C 3/3