Saravanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :11.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Saravanan 2.Shanmugam ... Petitioners / Accused Rank not known Vs The Inspector of Police, PEW Police Station, Sivagangai District.
(Crime No.212 of 2024) ... Respondent / Complainant For Petitioners :
Mr.S.Sivaprakash, 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 the petitioners in Crime No.212 of 2024 for the offence under Sections 4(1)(aa), 4(1-A) of the Tamilnadu Prohibition Act and Sections 468, 471, 420 IPC and Sections 5, 6, 8 of the Tamilnadu Rectified Spirit Rules, 2000 and remanded them into judicial custody on 31.04.2024. Therefore, the petitioners have filed this petition seeking bail. 2.The case of the prosecution is that A1 to A4 have illegally manufactured spurious liquor and the petitioners herein, who are bar owners at Thirupathur, purchased spurious liquor from them. Hence, the case. 3.The learned counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, they are languishing in jail from 31.04.2024. He further submits that the petitioners are ready to pay a sum of Rs.15,000/- each to the Panchayat Union Middle School, T.Valayangulam, Kallikudi (Taluk), Madurai District.
4.The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is yet to be completed. 5.Considering the nature of offence and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners with certain 2/5
conditions.
6.Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail, i)on the petitioners executing 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 learned Judicial Magistrate No.I, Singampunari, Sivagangai District.
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 report before the respondent Police once in a week, ie., on every Monday at 10.30 a.m. until further orders. They have to co-operate for the investigation.
iv)The petitioners shall pay a sum of Rs.15,000/-(Rupees Fifteen Thousand only) each to the Panchayat Union Middle School, T.Valayangulam, Kallikudi (Taluk), Madurai District. v)The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. They shall be available for the trial as well. 3/5
vi)On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the bail.
sd/- 11/06/2024 / TRUE COPY / 11/06/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
GNS To 1.The Judicial Magistrate No.I, Singampunari, Sivagangai District.
2.Do through the Chief Judicial Magistrate, Sivagangai District.
3.The Inspector of Police, PEW Police Station, Sivagangai District.
4.The Officer Incharge, District Prison, Ramanathapuram 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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Copy to:
The Head Master, Panchayat Union Middle School, T.Valayangulam, Kallikui Taluk, Madurai District.
ORDER
IN CRL OP(MD) No.8535 of 2024 Date :11/06/2024 ED/ /SAR- (11/06/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5