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Madras High CourtCRL OP(MD)/14451/2022granted

Mohan v. The Inspector Of Police

2022-08-17Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.14451 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14451 of 2022 Mohan ... Petitioner/Sole Accused Vs The State Rep. By, The Inspector of Police, Sengipatti Police Station, Thanjavur District.

(Crime No. 330 of 2022).

... Respondent/Complainant For Petitioner : M/s.Arun Prasad.A, Advocate.

For Respondent : Mr.P. Kottaichamy Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No. 330 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested on 04.07.2022 for the alleged offences under Sections 4(1) (a), 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.330 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that based on the secret information, the respondent police conducted raid. During the course of search, the petitioner was found in illegal possession of fake liquor bottles. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to file an undertaking affidavit before the respondent police as well as the Court that he will not indulge in such activities in future. He would further submit that the petitioner is in judicial custody from 04.07.2022. 4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the investigation of the case is pending.

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CRL OP(MD). No.14451 of 2022 5.Considering the facts and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 Judicial Magistrate No.III, Thanjavur, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

7. After releasing on bail, the petitioner must file an undertaking affidavit stating that he will not indulge this kind of offence in future before the concerned Magistrate Court and send another copy to the concerned Police Station. 8.If any violation is noticed after filing undertaking affidavit, bail granted by this Court, shall stand automatically cancelled without reference to this Court.

sd/- 17/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.III, THANJAVUR.

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

3. THE INSPECTOR OF POLICE, SENGIPATTI POLICE STATION, THANJAVUR DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5. THE OFFICER-INCHARGE, SUB-JAIL, THANJAVUR.

ORDER

IN CRL OP(MD) No.14451 of 2022 Date :17/08/2022 trp USK/PN/SAR-III/17.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2