Allowed

Jaisankar v. the State Rep

Madras HC15 Jun 2021CRL OP/10412/2021

Case brief

AI extract

What is this about?

In a criminal original petition filed under Section 438 CrPC, the Madras High Court granted anticipatory bail to the petitioner, who apprehended arrest for possession of arrack. The court imposed conditions including a monetary deposit and daily reporting.

What did the court decide?

Petitioner ordered to be released on bail upon surrendering within 15 days and complying with deposited bond, deposit, sureties, and daily reporting.

Jaisankar Vs the State Rep — Narcotics (NDPS) | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.06.2021

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CORAM

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THE HONOURABLE MR. JUSTICE M.DHANDAPANI

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CRL.O.P.No.10412 of 2021

Mr.Jaisankar

...Petitioner

Versus

State Rep. by The Inspector of Police, PEW-Cheyyar Police Station, Thiruvannamalai District. (Cr.No.469 of 2021)

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...Respondent

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PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent Police in Crime No.469 of 2021 on the file of the respondent Police.

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For Petitioner : Mr.A.Saranraj For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) ORDER

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 4(1)(aaa), 4(1-A)(ii) of the Tamil Nadu Prohibition Act, 1937 r/w. Sections 6 and 7 of Tamil Nadu Rectified Rules Sprit Rules, 2000 in Cr.No.469 of 2021, 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 120 litres of ID arrack and the same was seized by the respondent police. However, on instructions, the learned counsel would submit that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.25,000/-.

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3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.

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

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4.The learned Government Advocate (Crl.Side) submitted that there are no previous case against the petitioner.

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5.Considering the nature of the case, I am inclined to grant bail to the petitioner.

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6.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, Cheyyar, Thiruvannamalai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees One Lakh Only), with two sureties, 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 and on further condition that:

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(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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(b)the petitioner shall make a non refundable deposit of Rs.25,000/(Rupees Twenty Five Thousand only) to the credit of the Deputy Director of Health Services, Thiruvannamali District, without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;

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(c)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(d)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

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

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

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(g)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]; and;

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

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

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-sd/15/06/2021

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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
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE JUDICIAL MAGISTRATE,
CHEYYAR, THIRUVANNAMALAI.
2 THE CHIEF JUDICIAL MAGISTRATE
THIRUVANNAMALAI [FOR INFORMATION].
3 THE INSPECTOR OF POLICE,
PEW-CHEYYAR POLICE STATION,
THIRUVANNAMALAI DISTRICT.
4 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
5 THE DEPUTY DIRECTOR OF HEALTH SERVICES,
THIRUVANNAMALAI DISTRICT.
+1 CC to M/S A.SARANRAJ Advocate on payment of necessary charges
SR.NO.6532
CRL OP.10412/2021
Date :15/06/2021

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MN-06/07/2021

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

Jaisankar v. the State Rep

Case brief

What is this about?

What did the court decide?

Jaisankar v. the State Rep

Case brief

What is this about?

What did the court decide?

What the court decided

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