Anthoni Samy 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 Anthoni Samy ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Naducauvery Police Station, Thanjavur District Crime No.170 of 2023.

... Respondent/Complainant For Petitioner : M/s Prabha.S, 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.170 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 06.07.2023 for the alleged offence under Sections 4(1)(a) r/w 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.170 of 2023, on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that on 06.07.2023, the accused was found in illegal possession of 10 Nos of 180 ml 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 offence in future. The petitioner is in custody from 06.07.2023. Hence, prays for bail. 4.The learned Additional Public Prosecutor (Crl.Side) submitted that though the petitioner is not having previous case at his credit, 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 the fact that the petitioner is not having any previous case and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions. 2/4

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, Thiruvaiyaru, 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, THIRUVAIYARU.

2 DO THROUGH THE CHIEF JUDICIALMAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

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3 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKOTTAI.

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

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

ORDER

IN CRL OP(MD) No.13164 of 2023 Date :19/07/2023 SA/BUC/SAR. /19.07.2023/4P/6C Madras High Court is issuing certified copies in this format from 17/07/2023 4/4