Palaiyan vs Inspector Of Police

M.Dhandapani, J

The petitioner/A1, who was arrested and remanded to judicial custody on 22.02.2024 for the alleged offence punishable under Sections 4(1)(a), 4(1)(i), 4(1)(k) r/w 4(1-A) TNP Act in Crime No.161 of 2024, on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the petitioner and other accused were in illegal possession of 40 numbers of 180 ml brandy bottles. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. However, on instructions, he would further submit that the petitioner, without prejudice to his rights, is ready to pay a sum Rs.5,000/- to the Rojavanam Trust and hence, he prays for bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner is having one previous case.

5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Peravurani, Thanjavur 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)as per the undertaking given by the petitioner, the petitioner is directed to pay a sum of Rs.5,000/-(Rupees Five Thousand only) to the credit of Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai, and the proof shall be filed before the trial Court. The concerned Magistrate, after perusing the proof, shall accept the sureties furnished by the petitioner;

(c)the petitioner is directed to appear before the respondent police daily at 10.30 A.M., for a period of two weeks and thereafter, as and when required;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.