Suresh v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Suresh ... Petitioner/Sole Accused Vs State of Tamil Nadu, Rep By, The Inspector of Police, Thirunagar Police Station, Madurai District.

Crime No.588/2024..

... Respondent/Complainant For Petitioner : Mr.M.Vivek Kumar, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.588/2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 30.10.2024 for the alleged offence under Sections 4(1)(A), 4(1)(C) of TNP Act and Section 223 of BNS, in Crime No.588 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused was in possession of 19 quarter bottles of whisky which was transported from Bangalore.

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

4. Taking into consideration the facts and circumstances of the case and also considering the fact that all the quarter bottles have been seized from the accused and there are 2 previous cases against the petitioner and both does not pertain to the same offence and considering the fact that the petitioner has suffered incarceration from 30.10.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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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.VI, Madurai 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 Friday at 05.30 p.m. for a period of four 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 Court is entitled to take appropriate action against the petitioner in accordance with law as 3/5

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.) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO 1.The Judicial Magistrate No.VI, Madurai.

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

4.The Inspector of Police, Thirunagar Police Station, Madurai District.

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

ORDER

IN CRL OP(MD) No.19667 of 2024 Date :14/11/2024 RD(14/11/2024) 5 P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5