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Madras High CourtCRL OP(MD)/16295/2023granted

P.Murugesan v. The Inspector Of Police

2023-09-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN P.Murugesan ... Petitioner/ Sole Accused Vs State represented by The Inspector of Police, Karur Town Police Station, Karur.

Crime No.573 of 2023.

... Respondent/Complainant For Petitioner : M/s.R.Mathiyalagan,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.573 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/4

The petitioner / Sole Accused herein, who was arrested on 29.08.2023 for the alleged offences under Sections 4(1)(a) r/w Section 4 (1-A) of TNP Act, in Crime No.573 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 29.08.2023, when the respondent police were on patrol duty, they found the petitioner in illegal possession of 11 poisonous liquor bottles each consists of 180 ml for illegal sale. They recovered the same and the present case came to be registered.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. She has been falsely implicated in this case. Hence, she seeks for the relief of bail.

4. The learned Additional Public Prosecutor would submit that the petitioner is having two previous cases.

5. Considering the facts and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant relief to the petitioner.

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 Judicial Magistrate No.I, Karur, and the petitioner shall file an undertaking affidavit before the trial Court that he will not indulge in any kind of offence in 2/4

future and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 08/09/2023 / TRUE COPY / 08/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO THE JUDICIAL MAGISTRATE NO.1 KARUR.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION, KARUR.

THE OFFICER INCHARGE, SUB JAIL, KARUR.

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

ORDER

IN CRL OP(MD) No.16295 of 2023 Date :08/09/2023 PKP/SAR- /08.09.2023/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4