Ramachandran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ramachandran, ... Petitioner/ Sole Accused Vs The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District..
... Respondent/Complainant For Petitioner : M/s.Gurumoorthy.S, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in crime no.498/2024 on the file of Respondent of police ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 17.09.2024 for the offence punishable under Section 4(1)(C) r/w.4(1-A)(ii) 1/4
of TNP Act , in Crime No.498 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 17.09.2024 the petitioner was found in illegal possession of 30 numbers 180ml tasmac brandy liquor bottles. Hence, the complaint.
3. Heard both sides
4. Considering the nature of the allegations that the petitioner was found in illegal possession of liquor bottles for sale except in an area otherwise notified by the Government as a bar for illegal sales and considering the fact that the petitioner has got only one previous case of similar nature and the fact that the petitioner is in custody from 17.09.2024, this Court is inclined to grant bail to the petitioner on certain conditions.
5.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 (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 shall report before the respondent police daily at 10.30 a.m., for 2/4
a period of three weeks and thereafter, as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)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]. vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 27/09/2024 / TRUE COPY / 27 / 09 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR.
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2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE OFFICER INCHAGE SUB JAIL THIRUVIDAIMARUTHUR.
4 THE INSPECTOR OF POLICE THIRUNEELAKUDI POLICE STATION, THANJAVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.16346 of 2024 Date :27/09/2024 PSP/ /SAR /27.09.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4