Allowed

A.Aathi Jeyanantham v. the State Rep by

Madras HC23 Nov 2020CRL OP/18459/2020

Case brief

AI extract

What is this about?

The High Court of Madras granted bail to the petitioner arrested under the Tamil Nadu Prohibition Act for illegal possession of arrack. Bail is conditional upon a Rs. 10,000 deposit to the CMPRF, execution of a bond with sureties, reporting to police, and refraining from further offenses or tampering with evidence.

What did the court decide?

Petitioner released on bail subject to deposit of Rs. 10,000 with CMPRF, execution of bond with sureties at Trial Court, and strict attendance and conduct conditions.

A.Aathi Jeyanantham Vs the State Rep by — Narcotics (NDPS) | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 23.11.2020

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CORAM :

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.O.P.No.18459 of 2020

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A.Aathijeganathan ... Petitioner Vs.

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The State rep. by its The Inspector of Police Manalmedu Police Station Manal Medu, Nagapattinam 609103 (Crime No.1070 of 2020) ... Respondent

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PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.1070 of 2020 pending on the file of the Respondent Police.

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For Petitioner : Mr.K.Sureshkumar

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For Respondent : Mr.T.Shunmugarajeswaran

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Government Advocate (Crl. Side)

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O R D E R

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(The case has been heard through video conference)

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The petitioner, who was arrested and remanded to judicial custody on 20.10.2020 for the offences punishable under Section 4 (i)(i), 4(1)(aaa) r/w u(1-A) Tamil Nadu Prohibition Act, in Crime No.1078 of 2020, seeks bail.

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2 . The case of the prosecution is that the petitioner was illegally found in possession of 110 litres of Pondy Arrack. The same was seized by the respondent police.

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The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and there is no previous cases. On instruction, he would further submit that without prejudice to his defence, the petitioner is prepared to deposit considerable amount to any charitable Organization or Association, and that the petitioner has been suffering incarceration from 20.10.2020. Hence, he prays to grant bail to the petitioner.

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https://hcservices.ecourts.gov.in/hcservices/

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The learned Government Advocate (Crl. Side) would submit that the petitioner was illegally found in possession of 110 litres of Pondy Arrack and there are three previous cases pending against the petitioner. However he opposed for the grant of bail to the petitioner.

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Taking into consideration of the facts and circumstances and also considering the submissions made by the learned counsels and also the fact the petitioner is in custody from 20.10.2020, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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(a) Accordingly, the petitioner is ordered to be released on bail on condition to make a non refundable deposit of Rs.10,000/(Rupees Ten Thousand only) to the Joint Secretary & Treasurer, Chief Minister's Public Relief Fund, Finance (CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009, Tamil Nadu, India, e-mail: [email protected] or by Electronic Clearing System (ECS) to Indian Overseas Bank, Secretariat Branch, Chennai 600 009, S.B.Account No.11720 10000 00070, IFS Code IOBA0001172, CMPRF PAN: AAAGC0038F, 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 for a likesum to the satisfaction of the learned Judicial Magistrate No.1, Mayiladuthurai , failing which the bail granted by this Court shall stand dismissed automatically;

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(c) Merely, because the petitioner deposits the said amount, it would not amount to admission of her guilt. Therefore, it is open to the trial Court to deal with the case independently.

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(d) 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;

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(e) the petitioner on his release from prison, shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

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

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

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https://hcservices.ecourts.gov.in/hcservices/

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

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(h) on breach of any of the aforesaid conditions, the

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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];

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

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6. With the above directions, this Criminal Original

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Petition is ordered.

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-sd/-

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23/11/2020

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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1 THE JUDICIAL MAGISTRATE NO.I,MAYILADUTHURAI

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2 THE CHIEF JUDICIAL MAGISTRATE

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NAGAPATTINAM [FOR INFORMATION]

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3 THE JAILER,NAGAPATTINAM PRISON

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4 THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS.

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5 THE INSPECTOR OF POLICE,

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MANALMEDU POLICE STATION,MANAL MEDU,NAGAPATTINAM

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6 THE JOINT SECRETARY & TREASURER,

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CHIEF MINISTERS PUBLIC RELIEF FUND, FINANCE (CMPRF) DEPARTMENT, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 600 009, TAMIL NADU,INDIA

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CC to M/S.K.SURESHKUMAR Advocate on payment of necessary charges

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CRL OP.18459/2020 Date :23/11/2020 GKS:27/11/2020

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https://hcservices.ecourts.gov.in/hcservices/

A.Aathi Jeyanantham v. the State Rep by

Case brief

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A.Aathi Jeyanantham v. the State Rep by

Case brief

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