Allowed

G.Dilli v. State Rep by

Madras HC8 Feb 2021CRL OP/1285/2021

Case brief

AI extract

What is this about?

The High Court of Madras considered a bail application by the petitioner under Section 439 CrPC for offences under the Tamil Nadu Prohibition Act. After noting the recovery of contraband and the petitioner's prior record, the Court granted bail subject to specific conditions, including reporting and ensuring identity of sureties.

What did the court decide?

Petitioner released on bail on a bond of Rs. 10,000 with two sureties, subject to conditions of daily reporting, identity verification of sureties, and abstinence from offences or absconding.

G.Dilli Vs State Rep by — Narcotics (NDPS) | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 08.02.2021

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CORAM :

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THE HON'BLE MR. JUSTICE V.BHARATHIDASAN

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Crl.O.P.No.1285 of 2021

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G.Dilli ... Petitioner

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Vs.
The State Rep. by ... Respondent
The Inspector of Police,
Thiruvallur Taluk Police Station,
Thiruvallur District.
(Crime No.7 of 2021 )

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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.7 of 2021 pending investigation on the file of the Respondent.

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For Petitioner : Mr.Sasikumar For Respondent : Mr.M. Prabhavathi, Additional Public Prosecutor ORDER (The case has been heard through video conference)

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Petitioner, who was arrested and remanded to judicial custody on 07.01.2021 for the offence punishable under Sections 4(1)(a), 4 (1-A) of Tamil Nadu Prohibition Act in Crime No.7 of 2021, seeks bail.

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2 . The case of the prosecution is that the petitioner was found in illegal possession of 11 Brady bottles, each contains 180 ml.

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The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been implicated in this case for statistical purpose. Hence, he seeks bail to the petitioner.

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The learned Additional Public Prosecutor appearing for the respondent would submit that case properties were recovered and the petitioner was involved in sixteen previous case, similar in nature. Hence, she opposed to grant bail to the petitioner.

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

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Considering the said facts and circumstances of the case and and also the fact that entire contraband has been recovered and also considering the period of incarceration suffered by the petitioner, 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 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 Judicial Magistrate No.I, Thiruvllur, and on further conditions that:

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(b) 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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(c) the petitioner 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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(d) the petitioner shall not commit any offences of similar nature;

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

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

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(g) on breach of any of the aforesaid conditions, the 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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(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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With the above directions, this Criminal Original Petition is ordered.

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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.) https://hcservices.ecourts.gov.in/hcservices/ High Court, Madras - 600 104.

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TO
1 THE JUDICIAL MAGISTRATE, NO.I,
THIRUVALLUR.
2 THE CHIEF JUDICIAL MAGISTRATE
THIRUVALLUR. [FOR INFORMATION]
3 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE,
THIRUVALLUR TALUK POLICE STATION,
THIRUVALLUR.
5 THE OFFICER INCHARGE
SUB-JAIL, THIRUTANI.
+1 CC to M/S.SASIKUMAR Advocate on payment of necessary
charges SR.NO.1272
CRL OP.1285/2021
Date :08/02/2021
TA-09/02/2021

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

G.Dilli v. State Rep by

Case brief

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G.Dilli v. State Rep by

Case brief

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