Gunasundari vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 18.01.2023 for the alleged offence under Sections 4(1)(i), 4(1)(aaa) r/w 4 (1-A) of Tamil Nadu Prohibition Act in Crime No.43 of 2023 on the file of the respondent police, seeks bail.

The case of prosecution is that based on a secret information about selling of arrack to the public by the petitioner, the respondent police went to her house and on seeing them, she tried to escape from the scene of occurrence and they caught hold of her. On search, she said to have found in possession of 120 litres of Pondy arrack for the purpose of selling without any valid license and the same was seized by them. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that she is no way connected with the offence and she has not committed any of offence as alleged by the respondent police. He would also submit that she has been falsely implicated in this case and she 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 26 days from 18.01.2023. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 8 previous cases similar in nature pending against the petitioner and she is the sole accused. He would also submit that if she is released on bail, she would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioner.

Considering the facts and circumstances and also the fact that the investigation is almost completed, and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) as non-refundable deposit to the credit of registered Advocates Clerks Association at Mayiladuthurai, 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, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Sirkazhi 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 daily at 10.30 a.m. for the period of eight weeks.

(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;

(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 P.K.Shaji 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.