Kumaresan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Kumaresan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Panthanallur Police Station, Thanajvur District.

Cr.No.691/22.

... Respondent/Complainant For Petitioner : M/s.Veerapandi.P., Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.691/22 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 03.10.2022 for the offences punishable under Sections(*)4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.691 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was in possession of 28 numbers of liquor bottles of Pondicherry arrack (each containing 180 ml litres) illegally. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. However, he would further submit that the petitioner shall abide any condition imposed by this Court. Hence, he prays for bail. 4.The learned Additional Public Prosecutor strongly opposed this petition stating that the petitioner is having five previous cases, which are similar in nature and the investigation is pending. 5.Considering the facts and circumstances of the case and also 1/3

considering the nature of the offence and also the fact that the petitioner is in judicial custody from 03.10.2022, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District.

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii) the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the Anbagam, Race Course Road, K.Pudur, Madurai 600 007, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties;

(iii)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(iv)the petitioner shall not tamper with evidence or witness; (v)the petitioner shall not abscond during trial. (vi)On breach of any of the aforesaid conditions, the learned 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]. sd/- 19/10/2022 (*)Amended as per order of this Court dated 01.11.2022 in Crl.MP(MD)No.12999 of 2022 in Crl.OP(MD)No.18621 of 2022.

/ TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO TO BE SUBSTITUTED WITH THE ORDER DATED 19/10/2022 ALREADY DESPATCHED 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR, THANJAVUR DISTRICT.

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

3 THE OFFICER INCHARGE, SUB JAIL, THIRUVIDAIMARUTHUR, THANJAVUR DISTRICT.

4 THE INSPECTOR OF POLICE, PANTHANALLUR POLICE STATION, THANAJVUR DISTRICT.

5 THE OFFICER INCHARGE, ANBAGAM, RACE COURSE ROAD, K.PUDUR, MADURAI 600 007.

6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.18621 of 2022 Date :19/10/2022 SJI RS/SBN/SAR.(19.10.2022) 3P-8C sji PKP/BUC/SAR-2/10.11.2022/3P/7C 3/3