Prakash v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Prakash,

2. Baskaran, ... Petitioners/Accused 2 & 3 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Ammapet Police Station, Thanjavur District (Cr.No.770/2024).

... Respondent/Complainant For Petitioners : Mr.J.Yogeswaran, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 770 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/A2 & A3, who apprehend arrest at the hands of the respondent 1/5

police for the offences punishable under Sections 4(1)(c) and 4(1)(A) of Tamil Nadu Prohibition Act, in Crime No.770 of 2024, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 28.09.2024, the petitioners and other accused persons were found to be in illegal possession of 45 brandy bottles of 180 ml each without any valid license. Hence, the complaint.

3. Heard. Perused the materials available on record including the First Information Report.

4. Considering the nature of allegations that the petitioners are found to be in illegal possession of 45 bottles of 180 Ml each of liquor bottles and considering the fact that the petitioners do not have any other bad antecedents and also considering the argument of the learned counsel for the petitioner that the petitioners are ready to pay some amount to the credit of Government Rajaji Hospital for De-Addiction Centre, I am inclined to enlarge the petitioners on anticipatory bail with certain conditions:

5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Papanasam, Thanjavur District, on condition that the petitioners shall execute a bond for a sum of 2/5

Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] As per the undertaking given by the petitioners, the petitioners are directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each to the credit of Government Rajaji Hospital, Madurai, (Account No.

7097546149, IFSC Code: IDIB000T003, MICR Code; 525019008, Indian Bank, Madurai), for De-Addiction Centre without prejudice to their rights and contentions before the trial Court; [c] the petitioners shall report before the respondent Police, daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as 3/5

if the conditions have been imposed and the petitioners 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 04/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE, PAPANASAM, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE, AMMAPET POLICE STATION, THANJAVUR DISTRICT.

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

COPY TO:

THE DEAN, GOVERNMENT RAJAJI HOSPITAL, MADURAI.

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ORDER

IN CRL OP(MD) No.16973 of 2024 Date :04/10/2024 SA/MMS/SAR. /18.10.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5