Jayakodi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL Jayakodi, ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Thirukattupallai Police Station, Thanjavur District.
Crime No.246 of 2023..
... Respondent/Complainant For Petitioner : M/s.Prabha S, 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.246 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/sole accused who was arrested and remanded to judicial custody on 12.08.2023 for the offences punishable under Sections 4(1)(a),4(1-A) of TNP Act in 1/5
Crime No.170 of 2023 on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that on 12.08.2023 the petitioner was found in illegal possession of 12 number of brandy bottle each containing 180 ml, hence the case came to be registered.
3. The learned counsel appearing for the petitioner would contend that the petitioner is innocent and a false case has been foisted again him and he has not committed any offence as alleged by the prosecution. The petitioner was arrested and remanded to judicial custody on 12.08.2023 and he is still in judicial custody, hence he may be granted bail.
4. The learned Additional Public Prosecutor appearing for the respondent would contend that the petitioner was found in illegal possession of 12 number of brandy bottle each containing 180 ml and she is having five previous cases, out of which three were disposed of, hence he strongly objected to grant bail to the petitioner.
5. Heard both side and perused the materials available on record.
6. Considering the rival submissions on either side and considering the nature of offence and period of incarceration and all other aspects this Court is inclined to grant bail to the petitioner, subject to the following conditions: 2/5
[a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Judicial Magistrate No.I, Thiruvaiyaru and on further conditions that:
[b] the petitioner shall report before the respondent police on every Saturday at 10.00 am., for a period of four weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Judicial 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]. 3/5
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 30/08/2023 / TRUE COPY / 30/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO THE JUDICIAL MAGISTRATE NO.I THIRUVAIYARU.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.
THE INSPECTOR OF POLICE THIRUKATTUPALLAI POLICE STATION, THANJAVUR DISTRICT.
THE SUPERINTENDENT CENTRAL PRISON, TRICHY.
4/5
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.15753 of 2023 Date :30/08/2023 PKP/SAR- /30.08.2023/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5