Venkateswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on : 14/09/2022 Pronounced on : 19/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD).No.16506 of 2022 1.Venkateswaran 2.Sukumar 3.Kamalakannan 4.Kanagaraj 5.Murugan 6.Ganesan 7.Sivaraj 8.Muneeshwaran 9.Ananthasiva 10.Muruganantham 11.Krishnakumar 12.Sathishkumar ... Petitioners/Accused Nos.19,22 to 30, 32 and 33 Vs State represented through The Inspector of Police, PEW - Ramanathapuram police Station, Ramanathapuram, Ramanathapuram District.

(Crime No.713/22).

... Respondent/Complainant For Petitioners : M/s.K.Gokul, Advocate.

For Respondent : Mr.M.Muthumanikkam Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.713/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.19,22 to 30, 32 and 33 , who apprehend arrest at the hands of the respondent police for the

offences punishable under Sections 4(1)(aaa), 24 and 7(a) of Tamil Nadu Prohibition Act, 1937, in Cr.No.713 of 2022, seek anticipatory bail.

2.The case of the prosecution is that the petitioners were in illegal possession of 147 liquor bottles in 21 boxes. Hence the complaint.

3.The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the defacto complainant. They have been falsely implicated in this case. The petitioners name was not mentioned in the First Information Report. Co-accused in this case have been released on bail and hence they pray the petitioners to be released on anticipatory bail. 4.The learned Government Advocate(Crl.side) submitted that no previous case is pending against the petitioners. 5.Considering the facts and circumstances of this case and considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Rameswaram, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation.

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall be present before the Court on hearing dates and before the respondent police as and when required; (e)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 petitioners 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 19/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO

1. THE JUDICIAL MAGISTRATE, RAMESWARAM.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, PEW - RAMANATHAPURAM POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRIT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. GOKUL K Advocate SR.No.10278

ORDER

IN CRL OP(MD) No.16506 of 2022 Date :19/09/2022 SP/SVR/SAR I/21/09/2022/3P/6C