Rajalingam vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 30.03.2024 for the alleged offence under Sections 4(1)(a), 4(1)(g) r/w 4 (1-A) of Tamil Nadu Prohibition Act in Crime No.66 of 2024 on the file of the respondent police, seeks bail.

The case of prosecution is that on 30.03.2024, around 10.00 a.m., on a secret information, when the respondent police went to Attapallam Village, they intercepted the petitioner, but on seeing them, he tried to escape from the place of occurrence and they caught hold of him. On search, the respondent police said to have found that he was in possession of 10 litres of poisonous arrack and 400 litres of distilled arrack for sale illegally without any valid license and the same was seized by them. Hence, the complaint was registered against the petitioner.

The learned counsel appearing for petitioner submitted that he is an innocent person, 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 that may be imposed by this court. He would also submit that the petitioner has been suffering incarceration for more than 30 days from 30.03.2024. On instruction, he would further submit that without prejudice to his right and contentions, he is prepared to deposit/pay some considerable amount. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that he is arrayed as sole accused. 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 facts and circumstances and the fact that the investigation is almost completed and considering the period of incarceration undergone by the petitioner from 30.03.2024, 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, Krishnagiri and on such deposit, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate, Denkanikottai, and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned 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 daily at 10.30 a.m. for the period of three months;

(c) the petitioner shall not commit any offences of similar nature;

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

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

(f) on breach of any of the aforesaid conditions, the learned Judicial 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];

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