K. Tamilmaran v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16668 of 2018 K. TAMILMARAN ... PETITIONER / ACCUSED NO.1 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, PROHIBITION AND ENFORCEMENT WING (PEW) KUMBAKONAM, THANJAVUR DISTRICT.

CRIME NO.685/2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.KARTHICK SUBRAMANIAN Advocate For Respondent : MR.V.NEELAKANDAN ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1) (aa) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.685 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant, who is the Inspector of Police, while at the time of inspection, they found that the petitioner and two others was in possession of 20 litres of illicit arrack and 55 quarter bottles of black pearl brandy. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent. He did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that there is no previous case pending against the petitioner. The said contraband was recovered and the investigation is still pending.

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5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Kumbakonam and 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 the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 18/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE AT KUMBAKONAM THE INSPECTOR OF POLICE, PROHIBITION AND ENFORCEMENT WING (PEW) KUMBAKONAM, THANJAVUR DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.KARTHICK SUBRAMANIAN Advocate SR.No. 17747

ORDER

IN CRL OP(MD) No.16668 of 2018 Date :18/09/2018 MSI/PN/SAR-II/25.09.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/