Saiyed Ibrahim, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Saiyed Ibrahim, ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, The Inspector of Police, PEW Kumbakonam, Thanjavur District.
(Cr.No.675/2024).
... Respondent/Complainant For Petitioner : Mr.Gurumoorthy.S, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime no. 675 of 2024 on the file of the respondent police and thus render justice.
ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 23.08.2024 for the alleged offence under Sections 4(1)(aaa), 4(1)(i), 4(1)(A), 4(1-A)(ii) of the Tamil Nadu Prohibition Act r/w 318(4)and 340 of BNS on the file of the respondent police, seeks bail.
1/4
2. The case of the prosecution is that on 23.08.2024, a secret information was received to the effect that the accused persons are involved in manufacturing illegal alcohol and were also selling the same. Immediately, a Police team reached the place of occurrence and they seized 125 litres of Pandy Arrack, almost 100 litres of Black Pearl Brandy, Corking Machine, Holograms and other materials used for manufacturing alcohol. There are totally 10 accused persons in this case and the petitioner has been arrayed as Accused No.1
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case and also of the fact that the entire ingrident materials have been seized and the petitioner has suffered incarceration from 23.08.2024 and there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
5. 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 No.I, Kumbakonam and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the 2/4
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 appear before the respondent Police every Monday and Friday at 05.30 p.m. until further orders.
[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 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/- 07/11/2024 / TRUE COPY / 07/11/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
3/4
TSG TO 1 THE JUDICIAL MAGISTRATE NO.I, KUMBAKONAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE OFFICER INCHARGE, SUB JAIL, KUMBAKONAM. 4 THE INSPECTOR OF POLICE, PEW KUMBAKONAM, THANJAVUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.GURUMOORTHY, Advocate ( SR-13669[I] dated 07/11/2024 ) ORDER IN CRL OP(MD) No.19131 of 2024 Date :07/11/2024 SA/SAR. /07.11.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4