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Madras High CourtCRL OP(MD)/12357/2022granted

Kannan v. The Inspector Of Police

2022-07-08Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12357 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12357 of 2022 Kannan ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, PEW Thuraiyur Police Station, Trichy District.

Cr.No.370/2022.

... Respondent/Complainant For Petitioner : M/s.BALASUBRAMANIAN.N, Advocate.

For Respondent : Mr.P.KOTTAI CHAMY, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.370/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 24.03.2022 for the alleged offences under Sections 4(1)(aaa), 4(1)(g), 4(1)(b) r/w 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.370 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner was found in possession of 4 litres of illicit arrack. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 24.03.2022 and more than 90 days, he is in custody and hence, he seeks statutory bail to the petitioner under Section 167(2) Cr.P.C.

4.The learned Government Advocate (Crl.Side) submitted that the petitioner is having one previous case similar in nature. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is inside the prison for https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12357 of 2022 the past 90 days, this Court is inclined to grant bail to the petitioner with stringent conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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, Musiri, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 08/07/2022 / TRUE COPY / 08/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUSIRI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE PEW THURAIYUR POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.12357 of 2022 Date :08/07/2022 DSS SA/VR/SAR.2/08.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2