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Judgment
B.Pugalendhi, J
The petitioners, who were arrested on 16.04.2024 for the alleged offence under Sections 4(1)(a) r/w 4(1-A) of Tamil Nadu Prohibition Act in Crime No.164 of 2024 on the file of the respondent police, seek bail.
2.The case of the prosecution is that the petitioners were found in illegal possession of 50 numbers of 180ml liquor bottles.
3.The learned counsel for the petitioners submits that the petitioners have never committed any offence as alleged by the prosecution and they are languishing in jail for the past ten days.
4.The learned Additional Public Prosecutor appearing for the respondent has strongly objected for grant of bail that the petitioners were found in illegal possession of 50 numbers of 180ml liquor bottles and first petitioner has three previous cases of similar in nature to his credit. He fairly conceded that no previous case is pending against the second petitioner.
5.Considering the facts and circumstances of the case and the nature of offence, this Court is inclined to grant bail to the petitioners.
6.Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail on the following conditions:-
i) The petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.3, Thanjavur.
ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
iii) The petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;
iii) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well.
iv) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the bail.