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Madras High CourtCRL OP(MD)/14634/2023granted

Marimuthu v. The Inspector Of Police

2023-08-10Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Marimuthu ... Petitioner / Sole Accused Vs The State represented by The Inspector of Police, Thiruvonam Police Station, Thanjavur District.

(Crime No.547 of 2023.) ... Respondent / Complainant For petitioner : Mr.M.Pitchai Muthu, Advocate For Respondent : Mr.B.Nambiselvam, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.547 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 01.08.2023 for the 1/4

alleged offence under Sections 4(1)(a), 4(1)(i) r/w. 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.547 of 2023, on the file of the respondent Police, seeks bail. 2.The case of the prosecution is that on 01.08.2023, when the defacto complainant along with his Police team was on their routine patrol duty, the petitioner was found in illegal possession of 10 brandy bottles and the same was recovered from him. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. The petitioner is in custody from 01.08.2023. Hence, prays to release him on bail. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is not having any previous cases at their credit. 5.Considering the facts and circumstances of this case and considering the period of incarceration and there is no previous case pending against the petitioner, 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 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, Orathanadu, Thanjavur District, 2/4

and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 10/08/2023 / TRUE COPY / 10/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Judicial Magistrate, Orathanadu, Thanjavur District. 2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Thiruvonam Police Station, Thanjavur District.

4.The Officer Incharge, Sub Jail, Thanjavur.

5.The Additiona Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.14634 of 2023 Date :10/08/2023 ED/ /SAR- (10/08/2023) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/4

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