Thayamma @ Thayammal vs State

C.V.Karthikeyan, J

The petitioner seeks bail in Crime No.43 of 2024, registered by the respondent for the offences under Sections 4(1)(a) and 4(1-A)(ii) of TNP Act. The petitioner had been remanded to judicial custody on 30.01.2024 with possession of 10 litres of ID arrack.

2.The main objection raised on behalf of the respondent is that the petitioner has 32 previous cases against him.

3.Taking into consideration the quantity of illicit arrack seized in this particular case alone, I am inclined to grant bail to the petitioner subject to the following conditions:

4.Accordingly, 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 for a like sum to the satisfaction of the Judicial Magistrate Court, Vaniyambadi, 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 everyday at 10.30 a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.