Suresh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/05/2023 PRESENT The Hon`ble Mr. Justice P.VADAMALAI Suresh, ... Petitioner/Sole Accused Vs State rep. by, The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

Crime No.162 of 2023.

... Respondent/Complainant For Petitioner : Mr.ARUNPRASAD.A, Advocate.

For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 162 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner /sole accused who was arrested and remanded to judicial custody on 10.05.2023 for the offences under sections 4(1)(a), 4(1)(i) and 4(1-A) of Tamilnadu Prohibition Act in Crime No.162 of 2023 on the file of the respondent police seeks bail. 2.The case of the prosecution is that the petitioner was in possession of 90 numbers of 180 MI Old Chef TASMAC liquor for the purpose of selling the same at black market, hence the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent would contend that 90 numbers of quarter bottles were recovered from the accused. There is no previous case pending against the petitioner.

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5. Taking into consideration of the facts and submissions made by the learned counsels and also the period of incarceration and also the fact that no previous case is pending against the petitioner, this court is inclined to grant bail to the petitioner, subject to the following conditions:

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 learned Judicial Magistrate No.III, Thanjavur and on further conditions 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 report before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.

[c] 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 is 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/- 24/05/2023 / TRUE COPY / 24/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MRN TO 1 THE JUDICIAL MAGISTRATE NO.III THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

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3 THE OFFICER INCHARGE, SUB JAIL, THNAJAVUR.

4 THE INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.9481 of 2023 Date :24/05/2023 SA/24.05.2023/3P/6C 3/3