Karnagi vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 30.03.2022 for the alleged offence under Sections 4(1)(aaa) and 4(1-A) of Tamil Nadu Prohibition Act in Crime No.307 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that on 30.03.2022, on a secret information, when the respondent police monitoring prohibition of illicit arrack in their jurisdiction, the petitioner tried to escape from that place, the defacto complainant and her police personal interrogated her and on search, they found the petitioner was in possession of 30 litres of illicit arrack along with 4 polythene bags and the same was recovered from her. 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 imposed by this court. He would also submit that the investigation is almost completed and the petitioner has been suffering incarceration for more than 279 days from 30.03.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 12 previous case similar in nature pending against the petitioner. He would further submit that she was detained under Act 14 and subsequently detention order was set aside by this court in H.C.P. No. 971 of 2022 dated 13.12.2022. 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 detention order passed against her was set aside by this court by an order dated 13.12.2022 and considering 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 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 No.II, Tindivanam, 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 at 10.30 a.m. daily for the period of two 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.