Sathiyaraj v. The Inspector Of Police
CRL OP(MD). No.15517 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15517 of 2022 Sathiyaraj ... Petitioner/Sole Accused Vs The State Rep. By, The Inspector of Police, Swamimalai Police Station, Thanjavur District.
(Crime No.523/2022).
... Respondent/Complainant For Petitioner : Mr.Anandan.B, Advocate.
For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.523/2022 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 03.08.2022 for the offences punishable under Section 4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act in Crime No.523 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 03.08.2022, when the respondent police as usual was on patrol duty near the place of occurrence, they found that the petitioner was in possession of 107 numbers of 180ML TASMAC liquor bottles for sale. Hence, the complaint.
3.The learned counsel for the petitioner submits that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner has not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Crl.side) for the respondent submits that the petitioner is having 7 previous cases. 5.Considering the period of incarceration, this Court is inclined to grant bail to the petitioner with stringent conditions. https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.15517 of 2022 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 No.II, Kumbakonam, and on further condition that the petitioner shall report before the concerned Court daily at 10.30 a.m. until further orders. 7.The petitioner must file an undertaking affidavit before the concerned Court that he will not indulge in such activities in future. If any violation is noticed, the bail that has been granted by this Court in this petition shall stand automatically cancelled, without further reference to this Court.
sd/- 30/08/2022 / TRUE COPY / 30/08/2022 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.
TO
1. THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3. THE OFFICER-INCHARGE, SUB JAIL, KUMBAKONAM.
4. THE INSPECTOR OF POLICE, SWAMIMALAI POLICE STATION, THANJAVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.ANANDAN, Advocate ( SR-9308[I] dated 30/08/2022 )
ORDER
IN CRL OP(MD) No.15517 of 2022 Date :30/08/2022 mm USK/PN/SAR-IV/30.08.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2