Selvam v. The Inspector Of Police

CRL OP(MD). No.16381 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.16381 of 2022 Selvam ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Pattukkottai Taluk Police Station, Thanjavur District.

Crime No.399 of 2022.

... Respondent/Complainant For Petitioner : M/s.A.Arun Prasad, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.399 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 20.07.2022 for the alleged offence under Sections 4(1)(a), 4(1-A) TNP Act, in Crime No.399 of 2022, seeks bail.

2.The case of the prosecution is that the first accused was found in illegal possession of arrack bottles. Hence, the complaint. 3.On the side of petitioner, it is stated that the petitioner is innocent and not committed any offence as alleged by the prosecution. The petitioner is in custody from the date of his arrest, ie., 20.07.2022. Hence, prays to release him on bail. 4.On the side of prosecution, it is stated that the petitioner is not having any previous case and the investigation is not yet completed.

5.Considering the nature of charges levelled against the petitioner and he is not having any bad antecedents and also considering his period of incarceration, this Court is inclined to grant bail to the petitioner with the following conditions. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.16381 of 2022 6.Accordingly, this petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Pattukkottai, Thanjavur.

i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/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 further orders;

iii)the petitioner shall not tamper with evidence or witness; iv) the petitioner shall appear before the concerned Court on all hearing dates and appear before the respondent Police, as and when required;

v)On breach of any of the aforesaid conditions, the learned 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]; vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 12/09/2022 / TRUE COPY / 12/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKKOTTAI, THANJAVUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, PATTUKKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.16381 of 2022 Date :12/09/2022 PNM RS/SBN/SAR.4 (12.09.2022) 2P-6C https://www.mhc.tn.gov.in/judis 2/2