Sasikumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sasikumar ... Petitioner / Accused No.1 Vs The State of Tamil Nadu, Rep by its, The Inspector of Police, PEW Police Station, Pattukkottai, Thanjavur District.

(Crime No.586 of 2023).

... Respondent / Complainant For Petitioner :

Mr.P.R.Boomee Rajan, 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.586 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 21.08.2023 for the alleged offence under Sections 4(1)(a) r/w. 4(1-A), 4(1)(h) and 4(1)(i) of Tamil Nadu 1/4

Prohibition Act, in Crime No.586 of 2023, on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that on 21.08.2023 at about 8.00 p.m., when the respondent Police along with his Police team were in routine patrol duty, the accused person was found in illegal possession of 10 numbers of 180 ml brandy TASMAC liquor bottles and the same was seized by them. 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. The petitioner is ready to file an undertaking that he will not commit any such offence in future. Hence, prays for bail. 4.The learned Additional Public Prosecutor submitted that the petitioner is having two previous cases, which are similar in nature. Considering the nature of offence, he prays to dismiss the petition.

5.Considering the facts and circumstances of the case, though the petitioner is having two previous cases, considering the willingness to file an affidavit filed by the petitioner that he will not indulge in any offences in future and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is 2/4

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 District Munsif cum Judicial Magistrate, Orathanadu, Thanjavur District, on further condition that the petitioner shall also file an undertaking affidavit before the trial Court that he will not indulge in any offence in future and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. If any case is registered against the petitioner in future, the bail that has been granted in this case, will stand automatically cancelled without reference to this Court. sd/- 04/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The District Munsif cum Judicial Magistrate, Orathanadu, Thanjavur District.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

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3.The Inspector of Police, PEW Police Station, Pattukottai, Thanjavur District.

4.The Officer Incharge, Sub Jail, Thanjavur.

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

+1CC to M/s.PR.BOOMEE RAJAN, Advocate, SR-13216(I), dated 05.09.2023

ORDER

IN CRL OP(MD) No.16012 of 2023 Date :04/09/2023 ED/ /SAR- (04/09/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4