Kala vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 19.03.2024 for the alleged offence under Sections 4(1)(a) r/w 4(1-A)ii of TNP Act in Crime No.131 of 2024 on the file of the respondent police, seeks bail.

The case of prosecution is that on 20.03.2024 while the respondent police was on regular checkup nearby Keekalur Village, they intercepted the petitioner and on search at the back side of his house, the respondent police said to have found the petitioner in possession of 30 litres of illicit arrack and the same was seized by them. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that she has an innocent person, 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 25 days from 20.03.2024. On instruction, she would further submit that without prejudice to his right and contentions, she is prepared to deposit/pay some considerable amount. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that she is arrayed as sole accused and on interception, the respondent police found her in possession of 30 litres of illicit arrack. 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 the fact that the investigation is almost completed and considering the period of incarceration undergone by the petitioner from 20.03.2024, 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 Tiruvannamalai, 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.II, Tiruvannamalai, 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;

(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.