Murugaraj vs Inspector Of Police

B.Pugalendhi, J

The petitioner/A1, who was arrested and remanded to judicial custody on 17.03.2024 for the offence punishable under Sections 4(1)(a), 4(1)(i) & 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.62 of 2024 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner was found in possession of 20 number of liquor bottles (180ml. each).

The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, the petitioner is languishing in jail from 17.03.2024. Therefore, he prays for grant of bail.

The learned Additional Public Prosecutor appearing for the respondent opposed for grant of bail on the ground that the investigation is yet to be completed. However, he fairly submits that the petitioner is not having any previous case.

Considering the facts and circumstances of the case, the nature of allegation levelled against the petitioner and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.

Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail

i) on the petitioner executing 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 District Munsif cum Judicial Magistrate, Peravurani.

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 appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter shall appear as and when required by the respondent police. 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. He 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.