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Madras High CourtCRL OP(MD)/20733/2021granted

Karthickraja @ Karthigairaja v. The Inspector Of Police

2021-12-23Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.20733 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.20733 of 2021 Karthickraja @ Karthigairaja ... Petitioner/Accused No.1 Vs The State Rep.by The Inspector of Police, PEW-Sattur Police Station, Virudhunagar District.

(Crime No.438/2020).

... Respondent/Complainant For Petitioner : M/s.M.Anbarasi, Advocate.

For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.438 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4 (1)(g), 4(1)(b), 4(1)(aaa) & 4(1-A) Tamil Nadu Prohibition Act, in Crime No.438 of 2020, seeks anticipatory bail. 2.The case of the prosecution is that on 28.04.2020, at about 10.00AM, the accused persons were indulged in preparation of liquor illegally. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he is not having any previous case of similar nature.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is having one previous case of similar nature.

5.Considering the facts and circumstances of this case, that the occurrence took place on 28.04.2020, even after lapse of 1 1⁄2 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.20733 of 2021 years, no arrest has been made against the petitioner and that the petitioner is having one previous case, which is also violation of Covid-19 rules, and not involved in similar nature of offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Aruppukottai, Virudhunagar District and on his 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 Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 23/12/2021 / TRUE COPY / / /2022 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, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3 THE INSPECTOR OF POLICE, PEW-SATTUR POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.20733 of 2021 Date :23/12/2021 PNM MS/JM/SAR-1/05.01.2022/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2