P.Moorthi v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14350 of 2018 P.MOORTHI ... PETITIONER /SOLE ACCUSED Vs STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE PROHIBITION EXCISE WING-DINDIGUL POLICE STATION, DINDIGUL.

Crime No.750 of 2018 ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.A.CHANDRAKUMAR Advocate For Respondent : Mr.V.NEELAKANDAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 02.08.2018 for the offences punishable under Sections 4(1) (a) and 4(1-A) of Tamil Nadu Prohibition Act in Crime No.750 of 2018 on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that on 02.08.2018, the respondent police conducted a raid along with their party, the petitioner was found in possession of 97 bottles of brandy bottles (each contains 180ml) and 31 beer bottles (each contains 650ml) without any authentication for which, the petitioner/accused was arrested and remanded to judicial custody.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence. Hence, he prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the property which was possessed by the petitioner was recovered.

5.Considering the facts and circumstances of the case and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/

petitioner is ordered to be released on bail subject to the following conditions:

(i) the petitioner shall execute 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 the learned Judicial Magistrate, No.I, Dindigul.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders;

sd/- 13/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, DINDIGUL.

2.THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3.THE SUB INSPECTOR OF POLICE PROHIBITION EXCISE WING-DINDIGUL POLICE STATION, DINDIGUL.

4.OFFICER INCHARGE, DISTRICT JAIL,DINDIGUL.

5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.A.CHANDRAKUMAR Advocate SR.No.15448

ORDER

IN CRL OP(MD) No.14350 of 2018 Date :13/08/2018 TK/PN/SAR.2/13.08.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/