Nagaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.17312 of 2023 Nagaraj ... Petitioner/Sole Accused Vs.

The State represented by The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

Crime No.446 of 2023.

... Respondent/Complainant For Petitioner : Mr.R.L.Dhilipan Pandian, 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.446 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 10.09.2023 for the alleged offence under Sections 4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.446 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 10.09.2023 at about 8.30 a.m., when the respondent Police along with the Police party were on patrol duty near

Uchimancholai South Street, the petitioner was found in illegal possession of 25 numbers of brandy liquor bottles and the same was seized by the respondent Police. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he never committed any such offences as alleged by the prosecution. The petitioner is in custody from 10.09.2023. Hence, prays to release her on bail.

4. The learned Additional Public Prosecutor for the respondent Police submitted that two previous cases are pending against the petitioner, which is similar in nature.

5. Considering the nature of offence and also considering that the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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.II, Thanjavur, further condition that the petitioner shall also file an undertaking affidavit before the trial Court that he will not indulge in any offences in future and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. If any case is

registered against the petitioner in future, the bail that has been granted in this case, will stand automatically cancelled without reference to this Court. sd/- 26/09/2023 / TRUE COPY / 26/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE NO.II THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT. 4 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR.

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

ORDER

IN CRL OP(MD) No.17312 of 2023 Date :26/09/2023 SS/26/09/2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023