Vairakalai v. The Sub 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 Vairakalai ... Petitioner/Sole Accused Vs State through The Sub-Inspector of Police, Melur PEW Police Station, Madurai District.
(In Crime No.286/2024)..
... Respondent/Defacto-Complainant For Petitioner : Mr.E.Pradeepraj,Advocate For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.286/2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 01.05.2024 for the offences under sections 4(1-A), 4(1)(d) of Tamil Nadu Prohibition Act in Crime No.286 of 2024 on the file of the respondent Police seeks bail.
2. The case of the prosecution is that the petitioner has illegally prepared 9 1⁄2 litre Toddy from Date Palm Tree for the purpose of selling the same to the public. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in custody from 01.05.2024, hence he seeks bail.
4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner has illegally prepared 9 1⁄2 litre Toddy from Date Palm Tree. Henc,e he objected to grant bail to the petitioner. Further, he is having three previous cases, which are similar in nature.
5. Taking into consideration of the facts and submissions made by the learned counsels and also considering the period of incarceration, this court is inclined to 2/5
grant bail to the petitioner, subject to the following conditions:
6. Accordingly, 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 Judicial Magistrate , Melur, 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 his Aadhar card or Bank pass Book to ensure his 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 for interrogation; [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 / 22/05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO THE JUDICIAL MAGISTRATE, MELUR.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
THE SUB INSPECTOR OF POLICE MELUR PEW POLICE STATION, MADURAI DISTRICT, THE OFFICER INCHARGE MELUR SUB JAIL, MELUR, MADURAI THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.E.PRADEEPRAJ, Advocate ( SR-5563[I] dated 22/05/2024 )
ORDER
IN CRL OP(MD) No.7433 of 2024 Date :22/05/2024 PKP/22.05.2024/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5