Samykannu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Samykannu ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, PEW-Thuraiyur, Trichy District.
(Crime No.780/2023).
... Respondent/Complainant For Petitioner :
M/s.S.Senthil, Advocate.
For Respondent :
Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.780/2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 4(1) (aaa), 4(1)(g) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.780 of 2023 on the file of the respondent 1/3
police, seeks anticipatory bail.
2. The case of the prosecution is that based on the secret information, the respondent police searched behind the petitioner's house, during which, it was found that 40 Lr. of illicit arrack in two silver cans. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.
4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner herein is not having any previous case and the investigation of the case is pending.
5. Considering the nature of offence and also the petitioner is not having any previous case either under the provision of Tamil Nadu Prohibition Act or some other offence, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Thuraiyur 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. 2/3
scrupulously.
7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 07/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, PEW-THURAIYUR, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.N.ANANDAKUMAR, Advocate ( SR-16023[I] dated 07/11/2023 ) ORDER IN CRL OP(MD) No.19901 of 2023 Date :07/11/2023 RS/JGB/SAR-(16.11.2023) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3