Arumugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/02/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Arumugam, ... Petitioner/Sole Accused Vs The State Rep. by, The Inspector of Police, Pew-Patukottai Police Station, Pattukottai, Thanjavur District.

(Cr.No.1322/2021).

... Respondent/Complainant For Petitioner : Mr.S.Deenadhayalan,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. 1322 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4 (1)(aaa), 4(1)(g) r/w 4(1-A) TNP Act, in Crime No.1322 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 13.11.2021 at about 06.00AM, on search by police party, the accused was found in possession of 60 liters mid pot and materials, utensils for manufacturing illicit liquor and 110 liters of ooral and 20 liters of country made illicit liquor. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and not committed any such offence. Hence, he seeks bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner is having two previous cases of similar nature.

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5.In response, the learned counsel appearing for the petitioner would submit that he is ready to file an undertaking affidavit that he will not indulge any kind of offence in future. 6.Considering the nature of charges levelled against the petitioner and also the facts that the property has already been recovered and also taking note of the fact that the petitioner is ready to file an undertaking affidavit, this Court is inclined to grant bail to the petitioner with certain conditions. 7.In this regard, the petitioner shall file an undertaking affidavit before the trial Court that the petitioner will not indulge any offence in future. If any case is registered against the petitioner in further, the bail that has been granted in this case, is automatically cancelled without reference to this Court. 8.

On production of such receipt/acknowledgment and undertaking, the petitioner is 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, Pattukottai, Thanjavur, on condition that the petitioner shall execute a bond for a sum of Rs.

(a)the petitioner shall deposit a sum ofRs.15,000/- (Rupees Fifteen Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties.

(b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c)the petitioner shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

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

sd/- 15/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM 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, PATTUKOTTAI, THANJAVUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, PEW-PATUKOTTAI POLICE STATION, PATTUKOTTAI, THANJAVUR DISTRICT.

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

COPY TO THE OFFICER INCHARGE, THE CHIEF MINISTER PUBLIC RELIEF FUND, GOVERNMENT OF TAMIL NADU, SECRETARIAT BRANCH,CHENNAI -9.

+1 CC to M/s.S.DEENADHAYALAN, Advocate(SR-1227[I] dated 17/02/2022 )

ORDER

IN CRL OP(MD) No.18616 of 2021 Date :15/02/2022 PKP/VR/SAR-4/23.02.2022/3P/7C 3/3