Pathrakali v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2021 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN
1. Pathrakali
2. Magudeeshwaran ... Petitioners/Accused 1 & 2 Vs The State Rep.by, The Inspector of Police, PEW-Palani Police Station, Dindigul District.
(Cr.No. 914 of 2021) ... Respondent/Complainant For Petitioner : M/s.Venkatesh.D, Advocate.
For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.914 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.
2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 4(1) (aaa) and 24 of Tamil Nadu Prohibition Act, in Crime No.914 of 2021 on the file of the respondent police, seek anticipatory bail.
3. The case of the prosecution is that the business premises of the first petitioner were raided by the senior divisional revenue inspector and during the said search, they found excess number of liquor bottles and that they did not tally with the register 1/3
maintained by the petitioners. There is no dispute that the first petitioner is a bar owner and the second petitioner is an employee.
4. The respondent have already seized the bottles. The petitioners are not having any previous case. The arrest of the petitioner is not going to serve any purpose.
5. In view of the above, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Palani, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only)each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.
6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
sd/- 08/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, rmi 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, PALANI,DINDIGUL DISTRICT.
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2.DO THROUGH - THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.
3.THE INSPECTOR OF POLICE, PEW-PALANI POLICE STATION, DINDIGUL DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17215 of 2021 Date :08/11/2021 RK/TR/SAR-II (11/11/2021) 3P 5C 3/3