Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI Kumar ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Thathaiyangarpet Police Station, Tiruchirappalli District.
Crime No.324 of 2021. ... Respondent/Complainant For Petitioner : Mr.K.PRAKASH, Advocate.
For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-For Bail in Crime No.324 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Sole accused, who was arrested and remanded to judicial custody on 03.10.2021 for the offences under Sections 4(1) (a) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.324 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 05.10.2021, when the respondent police was on raid, they found the petitioner is in possession of 8 bottles of brandy with poisonous smell for sale. 3.The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. The petitioner is in judicial custody from 03.10.2021 onwards and hence, he seeks for grant of bail. 4.The learned Additional Public Prosecutor appearing for the respondent police submits that the petitioner is the sole accused and he is having three previous cases, all the cases are similar in nature and the investigation is almost completed. He would further submit that this is the second bail application, earlier bail application was dismissed by this Court on 12.10.2021 1/3
5.Considering the facts and circumstances of the case and the period of incarceration of the petitioner and also the fact that the investigation is almost completed, 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 his 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 Judicial Magistrate, Thuraiyur, Trichy and on further condition that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 10.30 am untill further orders.
[c]the petitioner shall not abscond either during investigation or trial.
[d]the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] 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 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 08/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
4 THE INSPECTOR OF POLICE THATHAIYANGARPET POLICE STATION, TIRUCHIRAPPALLI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to Mr.K.PRAKASH, Advocate SR.No.7890.
ORDER
IN CRL OP(MD) No.16656 of 2021 Date :08/11/2021 das MK/JM/SAR.III/08.11.2021/3P/7C 3/3