Rajamani vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 24.03.2024 for the alleged offence under Sections 4(1)(a) r/w 4(1-A) ii of TNP Act in Crime No.175 of 2024 on the file of the respondent police, seeks bail.

The case of prosecution is that on 24.03.2024 around 09.30 hrs., on a secret information, while the respondent police went to G.N.Palayam village, they intercepted the petitioner, but on seeing them, he tried to escape from there and they caught hold of him. On search the respondent police said to have found that he was in possession of 27 brandy bottles of liquors arrack, each contained 180 ml in the Express brandy bottles 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 has 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 22 days from 24.03.2024. 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 and totally there are 7 previous cases pending against the petitioner. 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 24.03.2024 for more than 22 days, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) as non-refundable deposit to the credit of registered Advocates Clerks Association at Tiruvannamalai, 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, in which one surety must be a blood surety for a like sum to the satisfaction of the learned Judicial Magistrate, Chengam, 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 on every Saturday at 10.30 a.m. for the period of eight weeks.

(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.