Eswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Eswaran ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Ammapettai Police Station, Thanjavur District.

Crime No.654 of 2023.

... Respondent/Complainant For Petitioner :

M/s.Karunakaran K.M., Advocate For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.654 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 09.07.2023 for the alleged offence under Sections 4(1)(a) r/w 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.654 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 09.07.2023, the accused was found in illegal possession of 11 Nos of TASMAC liquor bottles without valid permit. 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. The petitioner is also ready to file an undertaking that he will not commit any similar 1/3

offence in future. The petitioner is in custody from 09.07.2023. Hence, prays for bail. 4.The learned Additional Public Prosecutor (Crl.Side) submitted that the petitioner is having six previous cases, all are similar in nature, out of which, four cases were referred and the two cases are under investigation. The petitioner has illegally found in possession of arrack without valid permit. Hence, prays to dismiss the petition.

5.Considering the facts and circumstances of the case, the readiness of the petitioner to file an affidavit that he will not indulge in any offence in future and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with stringent 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, Papanasam, Thanjavur District, on 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 and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. If any case is registered against the petitioner in future, the bail that has been granted in this case, will stand automatically cancelled without reference to this Court.

sd/- 19/07/2023 / TRUE COPY / 19/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE PAPANASAM, THANJAVUR.

2/3

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE SUB JAIL, PAPANASAM.

4 THE INSPECTOR OF POLICE AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

COPY TO THE PRINCIPAL SESSIONS JUDGE, THANJAVUR.

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-10931[I] dated 19/07/2023 )

ORDER

IN CRL OP(MD) No.13145 of 2023 Date :19/07/2023 RS/BUC/SAR-(19.07.2023) 3P 8C Madras High Court is issuing certified copies in this format from 17/07/2023 3/3