G.Thirisangu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.12.2023 PRESENT The Hon`ble Mr.Justice R.SAKTHIVEL G.Thirisangu ... Petitioner/Sole Accused Vs The State Rep.by The Inspector of Police, Nachiyarkoil Police Station, Thanjavur District.

(In Crime No.997 of 2023) ... Respondent/Complainant For Petitioner : Mr.M.SURESH, Advocate for M/S.RAMANATHAN.AN., Advocate For Respondent : Mr.B.THANGA ARAVINDH, Government Advocate(Crl.side) PRAYER :- The Criminal Original Petition filed under Section 439 of the Criminal Procedure Code, 1973 (Act No.2 of 1974) praying to grant an order of bail to the petitioner in Crime No.997 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 26.12.2023 under Section 439 of the Criminal Procedure Code, 1973 (Act No.2 of 1974) praying to grant bail.

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2.The petitioner/sole accused was arrested and remanded to judicial custody on 17.12.2023 for the alleged offences punishable under Sections 4(1)(a) and 4(1-A) of the Tamil Nadu Prohibition Act (Act No.10 of 1937) in Crime No.997 of 2023 on the file of the respondent police.

3.The case of the prosecution is that on 17.12.2023, when Police were on surveillance duty at Maruthanallur; that though on seeing the police, the petitioner herein tried to escape, the police caught him; that on search, it was found that the petitioner was illegally in possession of 20 numbers of liquor bottles. Hence, the case. 4.The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in judicial custody since 17.12.2023. He therefore prayed to grant bail to the petitioner. 5.The learned Government Advocate (Criminal side) appearing for the respondent police submitted that the petitioner was illegally in possession of 20 numbers of liquor bottles.

He further submitted that the petitioner has no previous case; that investigation is not yet completed; and that at this stage of investigation, if bail is granted to the petitioner, he will cause threat to the defacto complainant and witnesses. Accordingly, he prayed to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records. 2/5

7.The petitioner is a first offender and he has no previous case. He has permanent residence and deep roots in the society. Hence, there is no possibility for absconding. Considering the above reasons, the period of incarceration and with a view to give him an opportunity to reform himself, this Court is inclined to grant bail to the petitioner, however, subject to conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) and furnish two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate No.II, Kumbakonam;

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall appear and sign before the respondent police daily at 10.00 a.m., until further orders;

(iv) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses; and (v) On breach of any of the aforementioned conditions, the learned 3/5

Judicial Magistrate is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 28/12/2023 / TRUE COPY / 29/12/2023 Sub-Assistant Registrar ( C.O ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE OFFICER INCHARGE, SUB JAIL, KUMBAKONAM.

4 THE INSPECTOR OF POLICE, NACHIYARKOIL POLICE STATION, THANJAVUR DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4/5

+1 CC to M/s.AN.RAMANATHAN, Advocate ( SR-18394[I] dated 28/12/2023 )

ORDER

IN CRL OP(MD) No.23611 of 2023 Date :28/12/2023 SA/SAR. /29.12.2023/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5