Deena @ Marimuthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.05.2024 PRESENT The Hon`ble Mrs.Justice S.SRIMATHY Deena @ Marimuthu ... Petitioner/Accused No.1 versus The State rep. by The Inspector of Police, PEW-Pattukkottai Police Station Thanjavur District Crime No.172 of 2024 ... Respondent/ Complainant For Petitioner : M/s.C.Bharathi,Advocate For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.172 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 1/5
28.02.2024 for the offence punishable under Section 4(1)(aaa), 4(1-A) of Tamil Nadu Prohibition Act, 468, 471, 420 of I.P.C r/w Section 5,6,8 of Tamil Nadu Rectified Spirit Rules 2000, in Crime No.172 of 2024 on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the petitioner was found in possession of 624 numbers of 180 ml brandy liquor bottles and 730 liters of ID arrack and 14 more liquor manufacturing accessories. Hence, the case.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 28.02.2024. Hence, he prays for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor opposes for grant of bail on the ground that the investigation is yet to be completed. He had further submitted that the petitioner is having 10 previous cases.
5. Considering the facts and circumstances of the case and also taking note of the period of incarceration, this court is inclined to grant bail to the petitioner. 2/5
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on his executing 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 learned District Munsif Cum Judicial Magistrate, Peravurani and on further conditions that :- [a] 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 report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required. [c] the petitioner shall not abscond either during investigation or trial. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] 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 is 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]. 3/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 22/05/2024 / TRUE COPY / 23/05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MSA TO THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERAVURANI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.
THE INSPECTOR OF POLICE PEW PATTUKOTTAI POLICE STATION, THANJAVUR DISTRICT.
THE OFFICER INCHARGE DISTRICT JAIL, PUDUKKOTTAI 4/5
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6968 of 2024 Date :22/05/2024 PKP/23.05.2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5