[Link].
8555 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2024
CORAM:
THE HON'BLE [Link] [Link]
[Link].8555 of 2024
[Link],
S/[Link]
.. Petitioner
Vs.
State rep. by
The Inspector of Police,
Tiruvallur Town Police Station,
Tiruvallur Dt.
(Crime No.153 of 2024) .. Respondent
PRAYER: Criminal Original Petition has been filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in Crime No.153 of 2024 on
the file of the respondent police.
For Petitioner : [Link]
For Respondent : [Link],
Govt. Advocate (Crl. Side)
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ORDER
The petitioner, who was arrested and remanded to judicial custody on
23.02.2024 for the alleged offence under Sections 4(1)(aa) r/w 4(1-A) of
Tamil Nadu Prohibition Act in Crime No.153 of 2024 on the file of the
respondent police, seeks bail.
2. The case of prosecution is that on 23.02.2024 at about 09.00 a.m.,
on a secret information, while the respondent police was on regular checkup
at Iveliagaram burial ground and on seeing them, the petitioner along with
other accused tried to escape from there and they caught hold of them. On
search, the respondent police said to have found that the petitioner along
with other accused were in possession of 132 beer bottles illegally without
any valid license and the same was seized by them. Hence, the complaint
was registered against the petitioner.
3. The learned counsel appearing for petitioner submitted that he has
an innocent person, he is no way connected with the offence and he has not
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[Link].8555 of 2024
committed any of offence as alleged by the respondent police. He would
also submit that he has been falsely implicated in this case and he will abide
by any condition that may be imposed by this court. He would also submit
that the petitioner has been suffering incarceration for more than 41 days
from 23.02.2024 and co-accused was released on bail. On instruction, he
would further submit that without prejudice to his right and contentions, he
is prepared to deposit/pay some considerable amount. Hence, he prayed to
grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for
respondent would submit that totally, 2 accused involved in this case, in
which he is arrayed as A1. He would submit that 11 previous cases pending
against the petitioner. He would also submit that if he is released on bail, he
would hamper the investigation and tamper the witnesses and the
investigation is almost completed and co-accused was released on bail.
However, he would vehemently opposed to grant bail to the petitioner.
5. Considering the facts and circumstances and the fact that the
investigation is almost completed, co-accused was released on bail and
considering the period of incarceration undergone by the petitioner from
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18.03.2024, this Court is inclined to grant bail to the petitioner with certain
conditions.
6. Accordingly, the petitioner is directed to deposit a sum of
Rs.20,000/- (Rupees twenty thousand only) as non-refundable deposit to
the credit of registered Advocates Clerks Association at Tiruvallur, and
on such deposit, the petitioner is ordered to be released on bail on executing
separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with
two sureties, in which one surety must be a blood surety for a like sum to
the satisfaction of the learned Judicial Magistrate No.I, Thiruvallur, 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 Sunday at 10.30 a.m. for the period of
three months.
(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;
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(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 [Link] Vs. State of
Kerala [(2005) AIR SCW 5560]; and;
(f) if the accused thereafter absconds, a fresh FIR can be
registered under Section 229-A IPC.
05.04.2024
rpp
To
[Link] Judicial Magistrate Court No.I, Thiruvallur.
[Link] Inspector of Police, Thiruvallur Town Police Station, Thiruvallur Dt.
3. The Superintendent of Prison, Central Prison, Puzhal.
[Link] Public Prosecutor, High Court, Madras
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[Link], J.
rpp
[Link].8555 of 2024
05.04.2024
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[Link]
