Babu, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL OP(MD). No.20522 of 2024 Babu ... Petitioner/Accused Rank not Known Vs The State of Tamil Nadu, Rep. by the Inspector of Police, PEW, Thoothukudi, Thoothukudi District, Crime No. 462 of 2021.
... Respondent/Complainant For Petitioner : Mr.R J Karthick Jaganathan, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 462 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 4(1-A), 4(1)(aaa), 4(1)(i) and 14A of TNP 1/5
Act in Crime No.462 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 03.06.2021 at about 06.00hours, the Police party was conducting regular vehicle inspection. They intercepted a Lorry, which contained 2352 bottles of liquor purchased from Bangalore and cash to the tune of Rs.14,51,850/- was also seized. There are totally 7 accused persons in this case and the petitioner has been arrayed as A7. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent. 4.
Taking into consideration of the facts and circumstances of the case and considering the fact that A4, A6 were granted anticipatory bail by the Sessions Court and A1 to A3, A5 were arrested and later, enlarged on bail and the entire liquor bottles have been seized and there are no previous cases against the petitioner and this petitioner has been roped in as A7 in this case based on the confession of A1, this Court is inclined to grant anticipatory bail to the petitioner. 5.
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 said Magistrate, on further condition that:
[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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. [c] the petitioner shall report before the respondent police as and when required for interrogation.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioner shall not abscond either during investigation or trial; [f] 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]; and; 3/5
[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
sd/- 26/11/2024 / TRUE COPY / / 12 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO 1 THE JUDICIAL MAGISTRATE SRIVAIKUNDAM.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.
3 THE INSPECTOR OF POLICE, PEW, THOOTHUKUDI, THOOTHUKUDI DISTRICT,
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :26/11/2024 4/5
PSP/ GSV /SAR /03.12.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5