Vetriselvan v. The Inspector Of Police
CRL OP(MD). No.19319 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/12/2021 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19319 of 2021 VETRISELVAN ... PETITIONER/ACCUSED NO.1 VS THE STATE REP. BY, THE INSPECTOR OF POLICE, NADUKAVERI POLICE STATION, THANJAVUR DISTRICT.
(CRIME NO. 646 OF 2021).
... RESPONDENT/COMPLAINANT For Petitioner : M/s.Chandrapandi V, 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.646 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 22.11.2021 for the offence punishable under Sections 4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.646 of 2021, on the file respondent police, seeks bail. 2.The case of the prosecution is that on 22.11.2021, the petitioner and the other accused were found in illegal possession of 173 numbers of 180 ml Top Star spl Brandy and 6 numbers of Honey day Brandy, which are TASMAC liquors for sale at black market. Hence, this complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution, he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 22.11.2021 and the co-accused 2 & 3 were already released on bail by this Court, in Crl.OP(MD)No.18641 of 2021, dated 26.11.2021. Hence, he seeks to grant of bail for the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner has involved in three previous cases similar in nature. One case is disposed of by the https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.19319 of 2021 trial Court by convicting the petitioner in the year 2017 and another case is still pending. He would further submit that the petitioner is continuously involved in such a illegal activities. 5.Considering the facts and circumstances of the case and also the fact that the petitioner is in judicial custody from 22.11.2021, this Court is inclined to grant bail to the petitioner subject to the following conditions:
6.Accordingly, 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 Court, Thiruvaiyaru, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders and if new case has been registered against the petitioner during the intervene period, bail order that has been granted by this Court, shall stand automatically cancelled. sd/- 07/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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, THIRUVAIYARU.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3. THE OFFICER-INCHARGE, DISTRICT JAIL, PUTHUKKOTTAI.
4. THE INSPECTOR OF POLICE, NADUKAVERI POLICE STATION, THANJAVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.19319 of 2021 Date :07/12/2021 USK/VR/SAR-III/(08.12.2021) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2