Hithayathulla v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM Hithayathulla ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Trichy City Prohibition Enforcement Wing, Trichy City.

Crime No.487/2019 ... Respondent/Complainant For Petitioner : M/s.K.M.Karunakaran, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 487/2019 on the file of the respondent police.

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) (aaa) of Tamil Nadu Prohibition Act, in Crime No.487 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that as per the FIR, on 15.08.2019, based on the secret information, the respondent police went to the occurrence place and they found that the accused person was illegally having possession of 311 liquor bottles. He further submitted that the petitioner is 1/3

willing to deposit a sum of Rs.15,000/- without prejudice to his defence and no previous case in pending against him, and therefore, he prayed to grant anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent has submitted that the petitioner was found possession of 311 liquor bottles, which contain poisonous substances. However, he fairly conceded that the petitioner is not having any previous case. 5.Taking into consideration of the fact that inorder to show his bona fide, the petitioner has come forward to deposit a sum of Rs.15,000/- and also the fact that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner by imposing 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, No.6, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.

[i] before executing bail bond, the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Crime No.487 of 2019 before the learned Judicial Magistrate, No.6, Trichy, without prejudice to his defence before the trial Court; (ii) If the petitioner fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(iii) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation. (iv) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(v) the petitioner shall not abscond either during investigation or trial.

(vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. 2/3

(vii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.6, TRICHY.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, TRICHY CITY PROHIBITION ENFORCEMENT WING, TRICHY CITY.

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

+1. CC to M/S. K.M. KARUNAKARAN Advocate SR.No.13968

ORDER

IN CRL OP(MD) No.11742 of 2019 Date :22/08/2019 MS/VR/SAR-1/29.08.2019/3P.6C 3/3