Allowed

Sumathi v. the State Rep.by

Madras HC27 Oct 2021CRL OP/20097/2021

Case brief

AI extract

What is this about?

The High Court at Madras granted anticipatory bail to an accused facing charges under the Tamil Nadu Prohibition Act for illegal possession of arrack. The court imposed a unique condition requiring a non-refundable deposit of Rs. 10,000 for school improvement.

What did the court decide?

Grant of anticipatory bail on the condition of a non-refundable deposit of Rs. 10,000 for school improvement and other standard bail conditions.

Sumathi Vs the State Rep.by — Narcotics (NDPS) | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Wednesday, the Twenty Seventh day of October Two Thousand Twenty One

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PRESENT

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The Hon`ble Mr Justice M.DHANDAPANI

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CRIMINAL ORIGINAL PETITION No.20097 of 2021

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SUMATHI [ PETITIONER / ACCUSED ]

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THE STATE REP.BY THE INSPECTOR OF POLICE, VELLORE NORTH POLICE STATION, VELLORE DISTRICT. CR.NO.437 OF 2021.

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[ RESPONDENT ]

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For Petitioner : M/S. T.SARAVANAN Advocate

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For Respondent : M/S. A.GOPINATH, Govt. Advocate ( Crl. Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section Under Section 4(1)(a), 4(1-A )(ii) of TNP Act, in Crime No.437 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 involved in possession of five litres of ID Arrack and 60 bottles of brandy bottles each containing 180ml. Hence, the complaint was registered by the Law Enforcing Agency.

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3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. However, on instructions, the learned counsel further submitted that the petitioner, on her own volition, is ready and willing to contribute a sum of Rs.10,000/- for the purpose of improving and maintaining the Government Schools.

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4.The learned Government Advocate (Crl.Side) submitted that petitioner was found in illegal possession of five litres of ID

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

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Arrack and 60 bottles of brandy bottles each containing 180ml and has no previous cases pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

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5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory 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 th Judicial Magistrate No.4, Vellore 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 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.10,000/- (Rupees Ten Thousand only) to the credit of the Chief Educational Officer, Vellore District for the rehabilitation and improvement of the basic needs of the Government Schools in the said District under necessary acknowledgement, without prejudice to her defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgement, 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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In the result, this Criminal Original Petition is ordered and the Chief Educational Officer shall submit the necessary proof with regard to the expenditure incurred for the improvement/rehabilitation of the Schools in the District before the Director of School Education as and when such works are completed by utilizing the money as ordered by this Court.

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-sd/-

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27/10/2021

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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

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

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1 THE JUDICIAL MAGISTRATE, NO.4 VELLORE

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2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION]

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3 THE INSPECTOR OF POLICE, VELLORE NORTH POLICE STATION, VELLORE DISTRICT.

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4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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5 THE CHIEF EDUCATIONAL OFFICER VELLORE DISTRICT

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+1 CC to M/S. T.SARAVANAN Advocate on payment of necessary charges SR.No.12024

CRL OP.20097/2021

Date :27/10/2021

APN 12/11/2021

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

Sumathi v. the State Rep.by

Case brief

What is this about?

What did the court decide?

Sumathi v. the State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

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