R.Radhakrishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI R.Radhakrishnan ... Petitioner/Accused No.8 Vs The Inspector of Police, PEW Sivagangai Police Station, Sivagangai District.
Cr.No.212/2024.
... Respondent/Complainant For Petitioner : Mr.S. Ananthamurugan, 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.212 of 2024 on the file of the respondent police 1/5
ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.212 of 2024 for the offence under Sections 468, 471 and 420 of IPC, Sections 4(1) (aa) and 4(1-A) of TN Prohibition Act and Sections 5, 6 and 8 of TN Rectified Sprit Rules 2000 and remanded him into judicial custody on 15.04.2024. 2.The case of the prosecution is that the respondent intercepted the petitioner and other accused and recovered 5550 bottles of liquor worth about Rs.12 lakhs from their illegal possession. Hence, the case.
3.The learned counsel for the petitioner submits that the petitioner has never committed any offence as alleged by the prosecution and based on the confession statement of the co-accused, he has been implicated in this case. He further submits that the petitioner is languishing in jail from 15.04.2024. Hence, he prays for grant of bail to the petitioner. He further submits that the petitioner, in order to show his bona fide, is also prepared to deposit a sum of Rs.20,000/- to the credit of the Chief Educational Officer, Sivagangai District, for the purpose of providing drinking water facilities to the students in any one of the Government school in Sivagangai District. 2/5
4.The learned Additional Public Prosecutor appearing for the respondent has strongly objected for grant of bail that the petitioner and the other accused were found in illegal possession of 5550 bottles of liquor worth about Rs.12 lakhs and petitioner has two previous cases of similar in nature to his credit. 5.Considering the nature of offence, the period of incarceration, the antecedent of the petitioner and also considering the fact that the petitioner is ready to deposit a sum of Rs.20,000/- to the credit of the Chief Educational Officer, Sivagangai District, for the purpose of providing drinking water facilities to the students in any one of the Government school in Sivagangai District, this Court is inclined to grant bail to the petitioner.
6.Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Singampuneri, and also on payment of Rs.20,000/- (Rupees Twenty thousand) to the credit of the Chief Educational Officer, Sivagangai District [A/c 3/5
No.8401000033974, Indian Overseas Bank, MICR No.630020202; IFSC Code No.IOBA0000084]. The Chief Educational Officer, Sivagangai District, shall utilise the same to provide drinking water facility to the students in any one of the Government school in Sivagangai District; ii) The petitioner 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 petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. He has to co-operate for the investigation. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 12/06/2024 / TRUE COPY / 12/06/2024 Sub-Assistant Registrar (WRIT ) Madurai Bench of Madras High Court, Madurai - 625 023.
sji 4/5
TO
1. The Judicial Magistrate No.I, Singampuneri,
2. Do-Through The Chief Judicial Magistrate, Sivagangai District.
3. The Superintendent, Central Prison, Madurai, Madurai District.
4. The Inspector of Police, PEW Sivagangai Police Station, Sivagangai District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The Chief Educational Officer, Sivagangai District +1 cc to MR.S.ANANTHA MURUGAN, Advocate SR No.6504 dated 14.06.2024
ORDER
IN CRL OP(MD) No.7939 of 2024 Date :12/06/2024 RK (12/06/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5