Muthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.20109 of 2018 MUTHU ... PETITIONER / ACCUSED No.2 Vs STATE REP.BY ITS THE INSPECTOR OF POLICE P.E.W THIRUMANGALAM, MADURAI DISTRICT, (CRIME NO.1387/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.T.SATHIYANATHAN Advocate For Respondent : PUBLIC PROSECUTOR PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 29.10.2018 for the offences punishable under Sections 4(1)(a), 4(1-A), 4(1) (aaa), 4(1) (i), 7(a) of TNP Act, in Crime No.1387 of 2018 on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that on 27.10.2018 at about 02.00 hours, the respondent police conducted a raid along with their party, the petitioner and other accused was found in possession of 65 bottles of brandy bottles 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 there is no previous case pending against the petitioner and the said contraband 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 petitioner is ordered to be released on bail subject to the following conditions:

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(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, Thirumangalam, Madurai District.

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

sd/- 02/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3.THE INSPECTOR OF POLICE, PEW THIRUMANGALAM, MADURAI DISTRICT.

4.THE OFFICER INCHARGE, SUB JAIL, THIRUMANGALAM, MADURAI DISTRICT 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.T.SATHIYANATHAN Advocate SR.No.21212

ORDER

IN CRL OP(MD) No.20109 of 2018 Date :02/11/2018 RAM/RR/SAR3/02.11.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/