Francis v. State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Francis ... Petitioner/Sole Accused Vs The Inspector of Police, PEW Thiruverumbur Police Station, Trichy City, (Crime No.547/2024.) ... Respondent/Complainant For Petitioner :

Mr.B.Jameelarasu, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.547/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, who is arrested and remanded to judicial custody on 24.09.2024 for the offence punishable under * Sections 4(1)(A), 4(1)(C) of Tamil Nadu Prohibition (Amendment) Act, 2024 and Sections 132, 351(3) of BNS, 2023 and Section 25(1A) of Arms Act, 1959, in Crime No.547 of 2024 on the file of the respondent 1/4

police, seek bail.

2.The case of the prosecution is that the petitioner was found to be in illegal possession of 116 bottles of liquor. Hence, the complaint. 3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the nature of occurrence that the petitioner was found to be in possession of 116 bottles of liquor and upon seeing the police party, he tried to escape from the scene and considering the fact that the petitioner is in judicial custody from 24.09.2024 and the investigation is almost completed and the charge sheet is going to be filed, I am inclined to enlarge the petitioner on bail with 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 Judicial Magistrate No.III, Thiruchirapalli 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 shall report before the respondent police daily at 10.30 2/4

a.m.,for a period of three weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;

(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 absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 24/10/2024 (*) Corrected as per order of the Court dated 24.10.2024 in CRL MP(MD) No.10776 of 2024 in CRL OP(MD) No.17063 of 2024) / TRUE COPY / 24/10/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To TO BE SUBSTITUTED WITH THE ORDER DT.24.10.2024 1.The Judicial Magistrate No.III, Thiruchirapalli District.

2.Do through the Chief Judicial Magistrate, Thiruchirapalli District.

3.The Inspector of Police, PEW Thiruverumbur Police Station, Trichy City.

4.The Superintendent, Central Prison, Trichy District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.17063 of 2024 Date :24/10/2024 ED/ /SAR- (24/10/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4