Kubenthiran vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 18.11.2022 for the alleged offence under Sections 4(1)(aa) and 4(1-A)(ii) of Tamil Nadu Prohibition Act in Crime No.625 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that while the respondent police on a patrol near Lingduram river bed, the petitioner, who was driving a two wheeler, they waylaid him and found that he was in possession of two lorry tubes in a suspicious manner and on check-up, the respondent police found two lorry tyres containing 30 litres each to the total of 60 litres of I.D. Arrack. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he has been falsely implicated in this case and he will abide by any condition imposed by this court. He would also submit that the petitioner has been suffering incarceration for more than 25 days from 18.11.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that there are five previous case similar in nature pending against the petitioner. He would also submit that if he is released on bail, he 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 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, Gudiyatham, Vellore District, 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 Wednesday and Saturday at 10.30 a.m. until further orders.

(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.