Poornam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Poornam ... Petitioner/1st Accused Vs The State, represented by The Inspector of Police, Ambilikkai Police Station, Dindigul District.
(Crime No.68 of 2023).
... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar, Advocate.
For Respondent : S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.68 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/1st Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 4(1)(a) r/w. 4(11/4
A) of TNP Act, in Crime No.68 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner has found in illegal possession of 2 liters of illicit liquor.
3. The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and she is falsely implicated in this case, only for the statistical purpose.
4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that during the course of investigation, the involvement of this petitioner is came to be light. The co-accused was released on bail in Crl.M.P. No.1930 of 2023, dated 03.06.2023 by the Principal Sessions Court, Dindigul. There is no previous case is pending against the petitioner in similar nature.
5. Considering the fact that the petitioner is not involved in any other case, which are similar in nature and the property was recovered, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Oddanchatram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two 2/4
sureties each for a like sum to the satisfaction of the learned Magistrate concerned and further condition that the petitioner shall also file an undertaking affidavit before the trial Court that he will not indulge in any offence in future the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. If any case is registered against the petitioner in future, the anticipatory bail that has been granted in this case, will stand automatically cancelled without reference to this Court. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioners 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 stands dismissed. sd/- 24/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO THE JUDICIAL MAGISTRATE, ODDANCHATRAM.
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DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
THE INSPECTOR OF POLICE AMBILIKKAI POLICE STATION, DINDIGUL DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-11238[I] dated 25/07/2023 )
ORDER
IN CRL OP(MD) No.12378 of 2023 Date :24/07/2023 PKP/MR/SAR- /29.07.2023/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4