Madhiyazhagan vs Inspector Of Police

B.Pugalendhi, J

The petitioner, who was arrested on 14.04.2024 for the alleged offence under Sections 4(1)(a) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.146 of 2024, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of 74 numbers of liquor bottles.

3.The learned counsel for the petitioner submits that the petitioner has never committed any offence as alleged by the prosecution and he is languishing in jail for the past 11 days.

4.The learned Additional Public Prosecutor appearing for the respondent has strongly objected for grant of bail that the petitioner was found in illegal possession of 74 numbers of liquor bottles. He fairly conceded that no previous case is pending against the petitioner.

5.Considering the facts and circumstances of the case and there is no bad antecedent as against the petitioner and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:-

i) The petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District.

ii) The petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation. He has to co-operate for the investigation.

iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.