Veerapandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.09.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Veerapandi ... Petitioner/A-2 Vs The Sub-Inspector of Police, Karaikudi North Police Station, Sivagangai District.

Crime No.331 of 2024 ... Respondent/Complainant For Petitioner : Mr.A.Balaji, Advocate.

For Respondent : Mr.A.Albert James Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS / 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.331 of 2024 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for 1/5

the alleged offence under Sections 4(1-A), 4(1)(a) and 24 of Tamil Nadu Prohibition Act, in Crime No.331 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused were in possession of liquor bottles. Hence, the complaint.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Even though, earlier application was dismissed, considering the subsequent development that A-3 being the owner of the bar has been subsequently arrested and it now turns out that the A-1 and A-2 are the employees of A-3 and only based on A3, they were trying to sell the liquor bottles in front of the bar, before and after the permitted timings, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions.

5. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of his 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, 2/5

Karaikudi, on condition that the petitioner shall execute a 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a)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; (b)the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Court Penalty Fund, the Dean, Government Rajaji Hospital, Madurai, (Account No.

7097546149, IFSC Code: IDIB000T003, MICR Code: 525019008, Indian Bank, Tallakulam, Madurai), which shall be used for spreading of awareness against Alcohol products, without prejudice to his rights and contentions before the trial Court. Only upon deposit, the petitioner shall be enlarged on bail; (c)the petitioner shall report before the respondent police daily at 10.30 am for a period of three weeks and thereafter as and when required for interrogation.

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(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; (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/- 10/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE, KARAIKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3. THE SUB-INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.

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

COPY TO THE DEAN, GOVERNMENT RAJAJI HOSPITAL, MADURAI, +1 CC to M/s.A.BALAJI, Advocate ( SR-11134[I] dated 11/09/2024 )

ORDER

IN CRL OP(MD) No.15264 of 2024 Date :10/09/2024 RK/JGB (18/10/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5