Santhanam v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Santhanam ... Petitioner / Accused No.2 Vs State rep by The Inspector of Police, Guzhiamparai Police Station, Dindigul District. (Crime No.124 of 2023.) ... Respondent / Complainant

For Petitioner : M/s.Mathiyalagan R, Advocate.

For Respondent : Mr.S.Manikandan,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.124 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1) (a), 4(1-A) of TNP Act, in Crime No.124 of 2023, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner was found in illegal possession of 21 brandy bottles, each contains 180 ml. Hence the complaint.

¶3The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the first accused was arrested and thereafter, released on bail by the learned Judicial Magistrate, Vedasandur in Crl.M.P.No.2377 of 2023 dated

26.06.2023.

¶4The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioner.

¶5Considering the facts and circumstances of this case and also of the fact that the petitioner is not having any previous cases and also the grant of anticipatory bail to the co-accused, this Court is inclined to grant anticipatory bail to the petitioner, however, with stringent conditions.

¶6Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Vedasandur, and 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 Magistrate concerned; and the petitioner shall appear before the respondent police on every Saturday at

10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

¶7The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stand dismissed.

sd/-

11/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. TTA To

1.The Judicial Magistrate, Vedasandur.

2.Do through the Chief Judicial Magistrate, Dindigul District.

3.The Inspector of Police, Guzhiamparai Police Station, Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.MATHIYALAGAN, Advocate ( SR-12235[I] dated 14/08/2023 ) ORDER IN CRL OP(MD) No.14673 of 2023 Date :11/08/2023 ED/VR/SAR- (29/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023