Tamilarasan v. The Inspector Of Police

CRL OP(MD). No.14262 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.14262 of 2021 Tamilarasan ... Petitioner/Sole Accused Vs The State rep. by The Inspector of Police, Thanjavur East Police Station, Thanjavur District. Crime No.1541 of 2021 ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate. For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :-For Bail in Crime No.1541 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/sole Accused, who was arrested on 07.08.2021 for the offence under Sections 4(l)(a), 4(1-A) of Tamilnadu Prohibition Act, in Crime.No.1541 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the respondent police has conducted a raid and at that time, the petitioner was found in possession of 14 numbers of 180 ml TASMAC brandy liquor bottles. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 07.08.2021 and hence, he seeks for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner is having two previous case.

5.Considering the facts and circumstances of the case, the nature of allegation levelled as against the petitioner and also the period of incarceration, this Court is inclined to grant bail to the petitioner, however with stringent condition. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail on his executing a https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.14262 of 2021 bond for a sum of Rs.25,000/-(Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Thanjavur, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Judge may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall appear before the respondent police daily twice at 10.30 a.m and 05.00 p.m., until further orders. [c] the petitioner shall not tamper with the 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 24/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.I, THANJAVUR.

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

3 THE INSPECTOR OF POLICE THANJAVUR EAST POLICE STATION, THANJAVUR DISTRICT. 4 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKOTTAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.14262 of 2021 Date :24/09/2021 MK/VR/SAR.I/24.09.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2