Velmurugan vs Inspector Of Police

P. Vadamalai, J

The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(aa), 4(1)(ii) of Tamil Nadu Prohibition Act in Crime No.332 of 2023, on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution is that on 15.10.2023, when the respondent police was in patrolling duty, the petitioner herein said to have illegally found in possession of 284 bear bottles worth about Rs.38,843/-. Hence, the case.

The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case and he prays for granting anticipatory bail.

The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner herein has illegally found in possession of 284 bear bottles worth about Rs. 38,340/- and a sum of Rs.19,000/- was recovered from him. He would further submit that investigation of the case is pending and hence, he strongly objected to grant anticipatory bail to the petitioner.

Taking into consideration the facts and circumstances of the case and that the part of the amount has been recovered from the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvaiyaru on condition that the petitioner shall 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 learned Magistrate concerned and on further conditions that:

[a]the petitioner and the sureties shall affix his photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner is directed to deposit a sum of Rs. 10,000/- (Rupees Ten Thousand only) to the credit of crime No.332 of 2023 without prejudice to his rights and contentions before the trial Court and produce the receipt / acknowledgment before the concerned Court while executing sureties;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation.

[d]the petitioner shall not tamper with the 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 is 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 229-A IPC.