Thairiyam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Thairiyam, ... Petitioner/Sole Accused Vs The Inspector of Police, Adirampattinam Police Station, Thanjavur District.
Cr.No.212/2024.
... Respondent/Complainant For Petitioner : M/s.Anandan.B,Advocate.
For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 BNS / 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 212/2024 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime.No.212 of 2024, seeks anticipatory bail.
2. The case of the prosecution that the petitoiner herein has illegally found in 1/4
possession of 1 Litre of ID Arrack worth about Rs.500/- and the same has been recovered. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and his name has been falsely implicated in this case and seeks anticipatory bail.
4.The learned Government Advocate(Crl.Side) would submit that the property has been recovered and there is no previous case pending against the petitoiner. 5.Considering the facts and circumstances of the case and also considering the fact that the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pattukkottai, Thanjavur District on condition that the petitioner shall execute a bond for a sum of Rs.
card or Bank pass Book to ensure their identity; (b)the petitioner shall appear before the respondent police daily at 10.30 am for a period of three weeks and thereafter as and when required for interrogation; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond 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 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 16/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP 3/4
TO THE JUDICIAL MAGISTRATE,PATTUKOTTAI, THANJAVUR. DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.
THE INSPECTOR OF POLICE ADIRAMPATTINAM POLICE STATION, THANJAVUR DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.ANANDAN, Advocate ( SR-8140[I] dated 19/07/2024 )
ORDER
IN CRL OP(MD) No.10598 of 2024 Date :16/07/2024 PKP/JGB/SAR /29.07.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4