S.Gunasekar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.08.2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN S.Gunasekar ... Petitioner / Accused No.2 Vs The Inspector of Police, Kumbakonam PEW Police Station, Thanjavur District.
(Crime No.639 of 2024) ... Respondent / Complainant For Petitioner :
Mr.R.L.Dhilipan Pandiyan, Advocate For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor.
PETITION FOR BAIL Under Sec.483 of B.N.S.S.
PRAYER :- For Bail in Cr No.639 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 28.07.2024 for the offence punishable under Sections 4(1)(c) r/w 4(1)(a), 4(1)(A) r/w 4(1)(i) TNP 1/4
Act in Cr.No.639 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and other accused were found in illegal possession of 11 numbers of 180 ml liquor bottles. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that this Court already granted bail to the co-accused. 4.The learned Additional Public Prosecutor would submit that the investigation is yet to be completed.
5.Considering the facts and circumstances of the case and the period of incarceration and also considering that this Court already granted bail to the coaccused, this Court is inclined to grant bail to the petitioner on certain conditions. 6 Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a 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. [i] the sureties shall affix their photographs and Left thumb Impression in the surety bond and the Special Court/concerned Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [ii]The petitioner shall report before the respondent police daily at 10.30 a.m, until 2/4
further orders;
[iii] the petitioner shall not tamper with evidence or witness; [iv] the petitioner shall not abscond during trial. [v] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. [vii] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 02/08/2024 / TRUE COPY / 05/08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
GNS To 1.The Judicial Magistrate, Papanasam, Thanjavur District.
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2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.
3.The Inspector of Police, Kumbakonam PEW Police Station, Thanjavur District.
4.The Officer Incharge, District Prison, Thanjavur, Thanjavur District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.12672 of 2024 Date :02/08/2024 ED/ /SAR- (05/08/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4