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Judgment
G.Ilangovan, J
The petitioner/Accused No.1, who was arrested on 04.06.2022 for the alleged offences under Sections 4(1)(a) and 4(1-A) of TNP Act, in Crime No.308 of 2022, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner along with another accused were found in possession of 30 TASMAC Liquor bottles. Each bottle contains 180 ml without any valid license and permit. The respondent police registered the case against the petitioner and the other accused and arrested them and remanded to judicial custody on 04.06.2022.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that on earlier occasion, when the matter came up for hearing, this Court has directed the petitioner to file an undertaking affidavit that the petitioner will not indulge in such activities in future since he is having 8 previous cases. As per the direction of this Court, affidavit has also been filed. Hence, he prays for grant of bail to the petitioner.
4.The learned Government Advocate (Crl.Side) for the respondent police submitted that in pursuance of the direction of this Court, the petitioner has filed an undertaking affidavit, this Court may consider the bail application of the petitioner.
5.Considering the duration of incarceration and also considering the representation made by the learned counsel for the petitioner, this Court is inclined to grant bail to the petitioner.
6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 Judicial Magistrate No.II, Kumbakonam, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
7.If any violation is noticed or any new case is registered against the petitioner, bail granted by this Court, shall stand automatically cancelled. After releasing on bail, the petitioner must file a copy of the above said affidavit before the concerned Magistrate Court and send another copy to the concerned Police Station.