V.Nehru v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN V.Nehru, ... Petitioner/Sole Accused Vs State Rep by The Inspector of Police, Vengamedu Police Station, Karur District.

Cr.No. 600 of 2021.

... Respondent/Complainant For Petitioner : M/s.Appadurai K, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.600 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 27.11.2021 for the alleged offence under Sections 4(i)(a) r/w Section 4(1-A) of TNP Act, in Crime No.600 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 27.11.2021, the petitioner was found in illegal possession of 57 bottles of liquor for sale. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

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4.The learned Additional Public Prosecutor submitted that the petitioner is involved more than 17 previous cases, which are similar in nature. For showing that he also produced a copy of the list of cases.

5.A reading of the list shows that, most of the cases were disposed of, some of the cases are under investigation and in some of the cases, final reports were filed before the concerned Courts and the same have not been taken on file sofar. It appears that the petitioner is having similar nature of cases. 6.The learned counsel for the petitioner would submit that he is ready to file an undertaking affidavit that he will not indulge in such activities in future.

7.Considering the period of incarceration and also considering the fact that the petitioner is ready to file an undertaking affidavit, this Court is inclined to grant bail to the petitioner with stringent conditions.

8.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 No.I, Karur, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

9.The petitioner must file an undertaking affidavit before the concerned Court that he will not commit such kind of offences in future. If any fresh case is registered against him, bail granted by this Court, shall stand automatically cancelled, without further reference either to this Court or to the concerned Trial Court. sd/- 23/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

dss 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.

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TO

1. The Judicial Magistrate No.I, Karur.

2. Do-Through The Chief Judicial Magistrate, Karur District.

3. The Officer Incharge, Sub Jail, Kulithalai.

4. The Inspector of Police, Vengamedu Police Station, Karur District.

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

+1 CC to M/s.K.APPADURAI, Advocate ( SR-9692[I] dated 23/12/2021 ) ORDER IN CRL OP(MD) No.19317 of 2021 Date : 23/12/2021 TR/JC/SAR-IV(23.12.2021) 3P 7C 3/3