Srinivasan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) Nos.22837 and 22396 of 2018 SRINIVASAN ... PETITIONER / ACCUSED No.11 IN CRL OP(MD)No.22837 of 2018 ANGUSAMY ... PETITIONER / ACCUSED No.1 IN CRL OP(MD)No.22396 of 2018 Vs THE STATE REP.BY THE INSPECTOR OF POLICE TAMIL UNIVERSITY POLICE STATION, THANJAVUR DISTRICT.
Crime No.220 of 2018 ... RESPONDENT /COMPLAINANT IN BOTH PETITIONS For Petitioner : Mr.K.M.KARUNAKARAN Advocate IN CRL OP(MD)No.22837 of 2018 For Petitioner : Mr.S.MAHENDRAPATHY Advocate IN CRL OP(MD)No.22396 of 2018 For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) IN BOTH PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner in Crl.O.P.(MD)No.22396 is arrayed as A1 and the petitioner in Crl.O.P.(MD)No.22837 of 2018 is arrayed as A11, who are apprehending arrest at the hands of the respondent police for the alleged offence under Sections 420, 468, 471, 473, 485, 486, 120 (b) IPC and Section 4(1)(aaa), 4(1) (b) (5), 4(1-A) of Tamil Nadu Prohibition Act and Section 5, 7 Tamil Nadu Rectified Sprit Rules, 2000 in Cr.No.220 of 2018, on the file of the respondent police, seek anticipatory bail.
2.It is the case of the prosecution that the petitioners were in illegal possession of 330 litters of illicit arrack and hence, a case has been registered against the petitioners.
3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they are innocent persons. However, on instructions, the learned counsel for the petitioners submitted that the petitioners are ready and willing to deposit a sum of Rs.15,000/- each to the credit of the Dean, Medical College, Thanjavur, for the welfare of the alcohol addicted persons without prejudice to their defence before the trial Court. 4.The learned Government Advocate(Crl.side) appearing for the respondent police vehemently opposed for grant of anticipatory bail. However, anticipatory bail may grant by imposing stringent conditions.
5.In view of the above, this Court is inclined to grant anticipatory bail to the petitioners with a condition that each of the petitioners shall deposit a sum of Rs.15,000/- to the credit of the Dean, Medical College, Thanjavur, for giving treatment to the alcohol addict persons. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Thanjavur on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a) each of the petitioners shall deposit a sum of Rs.15,000/- to the credit of the Dean, Medical College, Thanjavur, for giving treatment to the alcohol addicted persons, without prejudice to their defence and produce the receipt before the trial Court;
(b)the petitioners and 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;
(c)the petitioners shall report before the respondent police daily at 10.30 p.m., until further orders; (d)the petitioners shall not tamper with evidence or witness either during investigation or trial; (e)the petitioners shall not abscond either during investigation or trial;
(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take
appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 11/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO II, THANJAVUR.
2.THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3.THE INSPECTOR OF POLICE, TAMIL UNIVERSITY POLICE STATION, THANJAVUR DISTRICT.
4.THE DEAN, MEDICAL COLLEGE, THANJAVUR.
5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.K.M.KARUNAKARAN Advocate SR.No.2891 +1. CC to Mr.S.MAHENDRAPATHY Advocate SR.No.2910
ORDER
IN CRL OP(MD) Nos.22837 and 22396 of 2018 Date :11/02/2019 TK/PN/SAR-4/19.02.2019/3P/8C