Alex Pandian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Alex Pandian,
2. Palani, ... Petitioners/Accused Nos. 2 & 3 Vs The Inspector of Police, PEW Wing, Pudukkottai.
(In Crime No.422/2024)..
... Respondent/Complainant For Petitioners : Mr.P.Ganapathi Subramanian,Advocate. For Respondent : Mr.M.Sakthikumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.422/2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police in connection with the case in Crime No.422 of 2024 for the offence under Sections 4(1) 1/4
(aa) and 4 (g) r/w. Section 4(1-A) of Tamil Nadu Prohibition Act, have filed this petition, seeking anticipatory bail.
2. The case of the prosecution is that the accused were in illegal possession of illicit arrack.
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. The learned counsel by filing a typed set of papers submits that the petitioners are social workers, however, a false case has been foisted as against the petitioners. He has also produced some photographs showing the even now, the petitioners donated a blind School with clothes to the tune of Rs.25,000/- and prayed for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the investigation is yet to be completed. He fairly submits that the petitioners are not having any previous case.
5. Considering the facts and circumstances of the case and considering the nature of offence, 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 of receipt of a copy of this order, before the 2/4
concerned learned Judicial Magistrate, on condition that (i) the petitioners execute 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 Judicial Magistrate No.II, Pudukkottai;
(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 am for a period of two weeks and thereafter as and when required by the respondent police. 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. (v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 13/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS/DSK 3/4
TO THE JUDICIAL MAGISTRATE NO.II,PUDUKKOTTAI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE,PUDUKKOTTAI DISTRICT. THE INSPECTOR OF POLICE,PEW WING, PUDUKKOTTAI. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7292 of 2024 Date :13/06/2024 PKP/VR/SAR /24.06.2024/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4