Muthuprakash v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Muthuprakash ... Petitioner/Accused No.1 Vs State of Tamil Nadu, Rep By, The Inspector of Police, P.E.Wing Tenkasi Police Station, Tenkasi District.

Crime No.606/2024..

... Respondent/Complainant For Petitioner : Mr.K.S.Duraipandian, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.606/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial 1/5

custody on 10.09.2024 for the alleged offence under Sections 4(1)(aaa), 4(1)(A), 4(1-A)(ii), 14(A) of TNP Act and 318(4), 336(3), 336(4) of BNS, in Crime No.606 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused persons were found in illegal possession of 300 bottles of liquor each containing 750ml. They had managed to get it couriered from Bangalore as if they are transporting chemical from Bangalore. They illegally sold the same to general public stating as if it is military quota liquor.

3. Heard the learned counsel on either side and perused the material records of the case.

4. In the instant case, there are 4 accused persons in this case and the petitioner has been arrayed as A1. A1 has two previous cases against him and he was formally arrested on 12.09.2024. He is already in judicial custody in some other case. A2 has one previous case. The fact remains that the liquor bottles have already been seized by the respondent police and they are only awaiting for the chemical analysis report. That apart, this Court has enlarged A3 on bail in Crl.OP(MD). No. 19003 of 2024 by an order dated 04.11.2024. A4 has been enlarged on bail by the Court below. 2/5

5. Taking into consideration the facts and circumstances of the case and also considering the fact that the earlier order passed in Crl.OP(MD). No. 19003 of 2024 dated 04.11.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail 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 Judicial Magistrate, Tenkasi and on further conditions that:- [a] 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 on every Monday and Friday at 10.30 a.m. until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial. [e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

Sd/- 14/11/2024 / TRUE COPY / 14/11/2024 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.The Judicial Magistrate, Tenkasi.

2. -do through The Chief Judicial Magistrate, Tirunelveli. 3.The Superintendent, Central Prison, Palayankottai.

4.The The Inspector of Police, P.E.Wing Tenkasi Police Station, Tenkasi District.

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

+1 CC to M/s.K.S.DURAI PANDIAN, Advocate ( SR-13990[F] dated 14/11/2024 )

ORDER

IN CRL OP(MD) No.19462 of 2024 Date : 14.11.2024 RD(14/11/2024) 5 P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5