The Madras High Court granted anticipatory bail to Govintharaj in a criminal case involving illegal possession of illicit liquor under the Tamil Nadu Prohibition Act, imposing specific conditions including financial deposit and weekly reporting.
Petitioner granted bail conditioned on deposit of Rs. 2,000, two sureties, weekly police reporting, and non-absconding.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 15.11.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
CRL.O.P.No.21405 of 2021
Govintharaj
Versus
State Rep by The Inspector of Police Kolathur Police Station, Salem District. (Crime No.404 of 2021)
... Respondent
Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioner on bail in the event of their arrest in Crime No.404 of 2021 pending investigation on the file of the respondent police.
For Petitioner : M/S.C.Deepak Kumar
For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest for the alleged offences punishable under Section 4(1)(a) & 4(1-A) of Tamil Nadu Prohibition Act in Crime No.404 of 2021, on the file of the respondent police, seeks anticipatory bail.
possession of 5 litres of illicit liquor. He further submits that the property has been recovered and there is no previous case pending against the petitioner. However, he vehemently opposed for grant of anticipatory bail to the petitioner.
5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
[a] the petitioner is directed to deposit a sum of Rs.2,000/(Rupees Two Thousand only) to the credit of the Registered Advocate Clerk Associatio n, Salem District, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.
[b] 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.
[c] the petitioner is directed to report before the respondent police on every Friday at 10.30 a.m., until further orders;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[f] 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/-
15/11/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE JUDICIAL MAGISTRATE, NO.I, METTUR, SALEM.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION]
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, KOLATHUR POLICE STATION, SALEMD DISTRICT.
5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, SALEM DISTRICT.
+1 CC to M/S C. DEEPAK KUMAR Advocate on payment of necessary charges SR.NO.12802
CRL OP.21405/2021
Date :15/11/2021
TA-19/11/2021
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest under the Tamil Nadu Prohibition Act.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaExplained¶26
[(2005)AIR SCW 5560] · Who else cites this
3 provisions across 3 enactments
Govintharaj
State Rep by The Inspector of Police Kolathur Police Station
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
