Shanthi v. The Inspector Of Police
CRL OP(MD). No.15023 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15023 of 2022 Shanthi ... Petitioner/Accused (Rank Not Known) Vs State Rep.by The Inspector of Police, Prohibition Enforcement Wing, Dindigul.
(In Crime No.887/2022).
... Respondent/Complainant For Petitioner : M/s.C.Mayilvahana Rajendran, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.887/2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who was arrested on 07.08.2022 for the alleged offences under Sections 4(1)(aaa), 4(1-A) of Tamil Nadu Prohibition Act, 468, 471 and 420 IPC in Crime No.887 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner was found in illegal possession liquor bottles without any valid bills. 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 07.08.2022. 4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the investigation of case is pending.
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CRL OP(MD). No.15023 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, Nilakkottai, 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/- 02/09/2022 / TRUE COPY / 02/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, NILAKKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, DINDIGUL. 4 THE OFFICER INCHARGE, SUB JAIL, NILAKOTTAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.MAYIL VAHANA RAJENDRAN, Advocate ( SR-9497[I] dated 02/09/2022 )
ORDER
IN CRL OP(MD) No.15023 of 2022 Date :02/09/2022 TRP RS/SVR/SAR.1 (02.09.2022) 2P-7C https://www.mhc.tn.gov.in/judis 2/2