Anbu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2021 PRESENT The Hon'ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.10454 of 2021 Anbu ... Petitioner/Sole Accused Vs The State Rep. by, The Inspector of Police, Budalur Police Station, Thanjavur District (Crime.No.361 of 2021).
... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate.
For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.361 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner herein was arrested on 18.07.2021 for the alleged offences under Sections 4(1)(a) r/w 4(1-A) of Tamil Nadu Prohibition Act in Crime No.361 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 18.07.2021, the petitioner was found in possession of 100 numbers of TASMAC 180 ml brandy liquor bottles.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. However, he has offered to pay some amount to the Chief Minister Relief Fund.He would further submit that the petitioner is in jail from 18.07.2021 and, hence he seeks bail.
4. The learned Government Advocate (Crl. Side) would submit that the petitioner was also involved in four previous cases of similar in nature.
5.Considering the submission made by the learned counsel for the petitioner and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.
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 the learned Judicial Magistrate, Thiruvaiyaru and on further condition 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 deposit a sum of Rs.20,000/- (Rupees twenty thousand only) as non refundable amount to the account of Tamil Nadu Chief Minister's Relief Fund. The petitioner shall execute the sureties on showing the receipt of the said amount. [c] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
[d] 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 03/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, THIRUVAIYARU.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3. THE OFFICER-INCHARGE, SUB JAIL, THANJAVUR.
4. THE INSPECTOR OF POLICE, BUDALUR POLICE STATION, THANJAVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO :
THE OFFICER-INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, GOVERNMENT OF TAMIL NADU, SECRETARIAT BRANCH, CHENNAI-9.
ORDER
IN CRL OP(MD) No.10454 of 2021 Date :03/08/2021 msa USK/JM/SAR-IV : 03/08/2021 : 3P/7C