Chandran @ Idhayachandran v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Chandran @ Idhayachandran ... Petitioner/ Accused No.9 Vs The State of Tamil Nadu represented by the Inspector of Police, PEW-Kumbakonam Police Station, Thanjavur District.
(Crime No.675 of 2024) ... Respondent / Complainant For Petitioner :
Mr.M.Yesudasan, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.675 of 2024 on the file of the respondent Police.
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ORDER : The Court made the following order :- The petitioner / Accused No.10, who was arrested and remanded to judicial custody on 05.11.2024 for the alleged offences under Sections 4(1)(aaa), 4(1)(i), 4(1-A)(ii) of Tamil Nadu Prohibition Act read with Section 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024 read with Section 318(4) and 340 of BNS, in Crime No.675 of 2024, on the file of the respondent police, seeks bail.
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.10.
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 the entire spurious liquor has been seized by the respondent police and the petitioner has suffered incarceration from 05.11.2024 and there are no previous cases against the petitioner and also considering the fact that 2/5
this Court has already enlarged A1 and A8 on bail, 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, Thanjavur District, 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. 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]. 3/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 06/12/2024 / TRUE COPY / 06/12/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL To 1.The Judicial Magistrate No.I, Kumbakonam, Thanjavur District.
2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.
3.The Inspector of Police, PEW Kumbakonam Police Station, Thanjavur.
4.The Officer Incharge, Sub Jail, Kumbakonam.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.21373 of 2024 Date :06/12/2024 4/5
ED/ /SAR- (06/12/2024) 5P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5