Thevendran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Thevendran ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Pappanadu Police Station, Thanjavur District, (Crime No.324/2024.) ... Respondent/Complainant For Petitioner :

M/s.B.Anandan, 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 Cr.No.324/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.2, who apprehends arrest at the hands of the 1/5

respondent police for the offences punishable under Sections 4(1) (aa) and 4(1)(i) of the Tamil Nadu Prohibition Act in Crime No.324 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons were found in illegal possession of liquor bottles. Hence, the complaint.

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

4. The learned Counsel appearing for the petitioner would submit that the petitioner is an innocent person and a false complaint has been foisted against him. He would further submit that the petitioner is ready to abide by any stringent conditions, that may be imposed on him. Hence, he prays for anticipatory bail to the petitioner.

5. The learned Government Advocate (crl.side) appearing for the respondent Police would submit that the petitioner along with other accused persons were found in illegal possession of 151 numbers of liquor bottles and they sold the same after the bar hours.

6. Considering the nature of allegations that the petitioner along with the other accused persons are said to be in illegal possession of 151 numbers of liquor bottles and they sold the liquor bottles after the bar hours and considering the fact that the 2/5

petitioner has no other bad antecedents, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Orathanadu, Thanjavur District on condition that the petitioner shall execute 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 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 petitioner 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] the petitioner shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial 3/5

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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 17/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG To 1.The Judicial Magistrate, Orathanadu, Thanjavur District.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

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

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+1 CC to M/s.B.ANANDAN, Advocate ( SR-12684[I] dated 18/10/2024 )

ORDER

IN CRL OP(MD) No.17655 of 2024 Date :17/10/2024 ED/ RN /SAR- (13/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5