Sivakumar v. The Inspector of Police

CRL OP(MD). No.10054 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10054 of 2023 Sivakumar ... Petitioner/Accused No.1

Vs State Rep.by The Inspector of Police, PEW-Alangudi Police Station, Pudukottai District. (Crime No.415 of 2023). ... Respondent/Complainant For Petitioner : M/s.Jegadeeswaran R, Advocate. For Respondent : Mr.R.M.Anubunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :-For Bail in Crime No.415 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :-

The petitioner / A1 who was arrested and remanded to judicial custody on 27.05.2023 for the offences under sections 4(1)(a) r/w. 4 (1-A) of TNP Act in Crime No.415 of 2023 on the file of the respondent police seeks bail.

¶2The case of the prosecution is that the petitioner was found in illegal possession of 20 litres of ID Arrack, 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 CRL OP(MD). No.10054 of 2023 thousand only) with two sureties, each for a like sum to the satisfaction

of

learned

District

Munsif

cum

Judicial Magistrate,Karambakudi, Pudukottai 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 make a non refundable deposit for a sum of Rs.15,000/- (Rupees Fifteen thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties. After coming out from prison within two days the petitioner shall also file an undertaking affidavit before the respondent police that he will not indulge in similar type of activities again and the petitioner violates the said undertaking the respondent is at liberty to secure the petitioner and proceed in accordance with law. [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/- 09/06/2023 / TRUE COPY / 09/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV CRLeOP(MD).eNo.10054eofe2023 TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KARAMBAKUDI, PUDUKOTTAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI DISTRICT. 4 THE INSPECTOR OF POLICE, PEW-ALANGUDI POLICE STATION, PUDUKOTTAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND (CMPRF), GOVERNMENT OF TAMILNADU, SECRETARIAT, CHENNAI - 9. +1 CC to M/s.R.JEGADEESWARAN, Advocate (SR-8411[I] dated 09/06/2023) ORDER IN CRL OP(MD) No.10054 of 2023 Date :09/06/2023 RS/VR/SAR-(09.06.2023) 3P 8C