Lakshmi vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 18.10.2022 for the alleged offence under Sections 4(1)(aaa), r/w 4(1-A) of Tamil Nadu Prohibition Act in Crime No.259 of 2022 on the file of the respondent police, seeks bail.

The case of prosecution is that on 18.19.2022, at about 10.00 hours, while the respondent police was on a regular surveillance, they found the petitioner along with three others were found in possession of 605 bottles of TASMAC liquor consisting of 131 litres and 840 ml., which was mixed up with toxic substances without any valid permission and the above bottles were seized by the respondent police. 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 and no previous case pending against her. He would also submit that the petitioner has been suffering incarceration for more than 64 days from 18.10.2022. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that there are 4 accused involved in this case and 40 previous cases pending against the petitioner and she is arrayed as A1. 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 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.15,000/- (Rupees fifteen thousand only) as non-refundable deposit to the credit of registered Advocates Clerks Association at Dharmapuri, 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, Pennagaram, 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.