Allowed

Rajadurai v. State Rep by

Madras HC4 Jun 2020CRL OP/8160/2020

Case brief

AI extract

What is this about?

The High Court of Madras granted anticipatory bail to the petitioner in a case regarding illegal liquor possession under the TNP Act. Bail was conditional upon a monetary deposit, execution of a bond with sureties, daily reporting, and other specific restrictions.

What did the court decide?

Granted anticipatory bail subject to monetary deposit, provision of sureties, daily reporting, execution of bond, and compliance with surveillance conditions.

Rajadurai Vs State Rep by — Bail and Remand | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.06.2020

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CORAM:

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THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P. No.8160 of 2020

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Rajadurai

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State Represented by The Station House Officer, Kadampuliyur Police Station, Cuddalore District. Crime No.352 of 2020.

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... Respondent

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Prayer :- Criminal Original Petition filed under Section 438 Cr.P.C., to enlarge the petitioner on bail in the event of arrest pending investigation in Crime No.352 of 2020 on the file of the respondent police.

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For Petitioner : Mr.K.Balasubramaniam

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For Respondent : Mr.K.Prabakar Addl. Public Prosecutor

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ORDER

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The petitioner, who apprehends arrest for the alleged offences under Sections 4(1)(a), 4(1)(b), 4(1)(f), 4(1)(g), 4(1-A) of TNP Act, in Crime No.352 of 2020 on the file of the respondent police, seeks anticipatory bail.

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2 . The case of the prosecution is that the petitioner was found in possession of 30 liters of fermented wash and 10 liters of ID arrack Hence, the complaint was registered.

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3.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 case against him. He would further submit that without prejudice to his contention, the petitioner is prepared to deposit some amount to any charitable organization and prays for grant of anticipatory bail to the petitioner.

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

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The learned Additional Public Prosecutor would submit that the petitioner was found in possession of 30 liters of fermented wash and 10 liters of ID arrack. He would further submit that there is no previous case pending as against him.

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5 . Taking into consideration the facts of the case and the submissions made by the learned counsels and also taking note of the fact that the petitioner has no previous case , this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

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6.Accordingly, the petitioner is directed to deposit a sum of Rs.30,000/- (Rupees Ten Thousand only) as non refundable deposit by way of NEFT/RTGS to the Adyar, Cancer Institute WIA No.38, Childrens Park Access Road, IIT Post, Guindy National Park, Guindy, Chennai, Tamil Nadu-600 036, PH. No.044 2220 9150 bearing A/c No.149710011005477, Andhra Bank, Madhya Kailash Branch, Chennai, and on such deposit and production of proof, 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 on which the order copy made ready, before the learned Judicial Magistrate No.II, Panruti, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with one surety each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioner and 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.

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[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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

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[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].

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

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

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-sd/-

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04/06/2020

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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. TO 1 THE JUDICIAL MAGISTRATE NO.II, PANRUTI. 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 4 THE STATION HOUSE OFFICER, KADAMPULIYUR POLICE STATION, CUDDALORE DISTRICT.

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5 THE NEFT/RTGS TO THE ADYAR, CANCER INSTITUTE WIA NO.38, CHILDRENS PARK ACCESS ROAD, IIT POST, GUINDY NATIONAL PARK, GUINDY, CHENNAI, TAMIL NADU-600 036, PH. NO.044 2220 9150 BEARING A/C NO.149710011005477, ANDHRA BANK, MADHYA KAILASH BRANCH, CHENNAI. CC to M/S K.BALASUBRAMANIAM Advocate on payment of necessary charges CRL OP.8160/2020 Date :04/06/2020 TA-18/06/2020

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

Rajadurai v. State Rep by

Case brief

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Rajadurai v. State Rep by

Case brief

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