Sathyamoorthy @ Sakthi v. The Sub Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Sathyamoorthy @ Sakthi ... Petitioner/Accused Rank Not Known

Vs State rep. by The Sub Inspector of Police, Prohibition Excise Wing, Pudukkottai. Cr.No.1002/2022. ... Respondent/Complainant

For Petitioner : M/s.Aravind Raj R,

Advocate.

For Respondent : Mr.R.M.Anbunithi,

Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No. 1002/2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner /Accused who was arrested and remanded to judicial custody on 14.03.2023 for the offences under sections 4(1)

(aaa)r/w.4(1-A) of TNP Act r/w.467,468,471,420 of IPC in Crime No.1002 of 2022 on the file of the respondent police seeks bail.

¶2The case of the prosecution is that the petitioner was supplying fake liqour bottles with duplicated lable, hence the case.

¶3Heard. Perused the materials available on record including the First Information Report.

¶4Taking into consideration of the facts and submissions made by the learned counsels and also the period of incarceration, 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 learned Judicial Magistrate No.II, Pudukottai 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 deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non refundable deposit by way of Demand Draft/RTGS/NEFT to the RAY OF LIGHT FOUNDATION; A/c No : 50100078904233; IFSC code : HDFC0001864; No.10, Nageswara Road, Nungambakkam, Chennai, Tamil Nadu 600034; Ph No.8939065431, and shall produce the receipt before the concerned Magistrate at the time of executing the bond; [c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 05/04/2023 / TRUE COPY / 05/04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV TO

¶1The Judicial Magistrate No.II, Pudukottai.

¶2Do through the Chief Judicial Magistrate, Pudukottai.

¶3The Officer In-Charge, Sub Jail, Pudukottai.

¶4The Sub Inspector of Police, Prohibition Excise Wing, Pudukkottai.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to The Officer In-Charge, Ray of Light Foundation, Nungambakkam, Chennai. Tamil Nadu 600034. +1 CC TO M/S.R.ARAVIND RAJ, Advocate SR.No.5461(I) ORDER IN CRL OP(MD) No.6345 of 2023 Date : 05/04/2023 NA/VR/SAR- /05.04.2023/3P/8C