Pon Prasanna v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Pon Prasanna ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, The Inspector of Police, Thiruppullani Police Station, In Crime No.197/2024.
Ramanathapuram District.
... Respondent/Complainant For Petitioner : Mr.B.Mahendrarajan For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.197/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 22.11.2024 for the alleged offences under Sections 4(1)(i) and 4(1)(A) of 1/5
TNP (Amendment) Act, 2024 , in Crime No.197 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 22.11.2024 while on patrolling duty, the petitioner (A2) was in possession of 20 brandy bottles, each containing 180 ml in a two-wheeler. That apart, A3 was found in possession of 48 brandy bottles belonging to other State. There are totally 3 accused persons in this case and the petitioner has been arrayed as A2.
3. Heard the learned counsel on either side and perused the material records of the case.
4. The learned Additional Public Prosecutor submitted that the brandy bottles have been seized and this petitioner was working in the TASMAC shop and there are three previous cases against the petitioner.
5. Taking into consideration the facts and circumstances of the case and considering the fact that the liquor bottles have already been seized and the petitioner has suffered incarceration from 22.11.2024 and taking note of the previous 2/5
cases pending against the petitioner, 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 No.I, Ramanathapuram, 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 05.30 p.m. for a period of six weeks, 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 3/5
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 269 of BNS, 2023.
sd/- 03/12/2024 / TRUE COPY / 03/12/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO 1 THE JUDICIAL MAGISTRATE NO.I RAMANATHAPURAM.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.
4 THE INSPECTOR OF POLICE, THIRUPPULLANI POLICE STATION, RAMANATHAPURAM DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
ORDER
IN CRL OP(MD) No.21135 of 2024 Date :03/12/2024 SS/SAR- /03/12/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5