Pugalenthi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Pugalenthi, ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Kumbakonam West Police Station, Thanjavur District, Crime No.428/2023.

... Respondent/Complainant For Petitioner : M/s.VISHNU.J, Advocate.

For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.428 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 03.08.2023 for the alleged offence under Sections 4(1)(a) r/w 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.428 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner was found possession of 29 numbers of 180 ml. TASMAC brandy liquor bottles. Hence, the complaint. 1/4

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. However, to show his bona fide, the petitioner has come forward to deposit a sum of Rs.5,000/- (Rupees Five Thousand only).

4. The learned Additional Public Prosecutor for the respondent police submitted that petitioner was found possession of 29 numbers of 180 ml. TASMAC brandy liquor bottles. He further submitted that there is no previous case pending against the petitioner herein.

5.Considering the nature of offence, the antecedents of the petitioner and his willingness to pay a sum of Rs.5,000/- (Rupees Five Thousand only) this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Account Number (A/c.No.7567821433, Indian Bank, High Court Branch Madurai (2001), IFSC Code:IDIB000H040) opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, for donating law books in the name of "Madurai Bench of Madras High Court" in Kalaignar Centenary Library, Madurai, without prejudice to his rights and contentions before the trial Court. 7.On such deposit being made, this Criminal Original Petition is allowed and 2/4

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

sd/- 18/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE COURT NO.I, KUMBAKONAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE OFFICER INCHARGE, SUB PRISON, KUMBAKONAM, THANJAVUR DISTRICT.

4 THE INSPECTOR OF POLICE, KUMBAKONAM WEST POLICE STATION, THANJAVUR DISTRICT.

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

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COPY TO:

1 THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE OFFICER INCHARGE, KALAIGNAR CENTENARY LIBRARY, MADURAI

ORDER

IN CRL OP(MD) No.15098 of 2023 Date :18/08/2023 SA/SAR. /18.08.2023/4P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4