Madras High CourtCRL OP(MD)/19431/2021ordered

Vairavan v. The Inspector Of Police

2021-12-09Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.19431 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19431 of 2021 Vairavan ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Sethubavachatram Police Station, Thanjavur District.

In Crime No.525 of 2021. ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, 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.525 of 2021 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 02.10.2021 for the offence punishable under Sections 4(1)(a) 4(1)(i) & 4 (1-A) of Tamilnadu prohibition Act, in Crime No.525 of 2021, on the file respondent police, seeks bail. 2.The case of the prosecution is that the petitioner was found in illegal possession of 159 numbers liquor bottles for sale. 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 02.10.2021 and more than 60 days, he is in custody and hence, he seeks statutory bail to the petitioner under Section 167

(2) Cr.P.C.

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CRL OP(MD). No.19431 of 2021 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is having twenty three previous cases.

5.Considering the facts and circumstances of the case and also the fact that the petitioner is in judicial custody for a period of more than 60 days, this Court is inclined to grant statutory 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, Pattukottai, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 09/12/2021 / 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 PATTUKOTTAI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, DISTRICT JAIL, PATTUKKOTTAI..

4 THE INSPECTOR OF POLICE SETHUBAVACHATRAM POLICE STATION, THANJAVUR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.19431 of 2021 Date :09/12/2021 dss MK/PN/SAR.II/10.12.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2