Allowed

Murugesan v. The Inspector of Police

Madras HC10 Jun 2021CRL OP(MD)/7588/2021

Case brief

AI extract

What is this about?

The Madras High Court granted bail to Murugesan, an accused under the Tamil Nadu Prohibition Act, who was held in judicial custody. The court imposed conditions including daily police reporting, a deposit towards the CMPRF, and surrender to the magistrate.

What did the court decide?

Petitioner permitted to release on bail by executing own bond of Rs.10,000 before Jail Authority and producing a bond before Magistrate within one month.

Murugesan Vs The Inspector of Police — Bail and Remand | Madras HC (2021)

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CRL OP(MD).No.7588 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction ) Date : 10/06/2021

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PRESENT

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The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD).No.7588 of 2021

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Murugesan ... Petitioner/Sole Accused

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The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District. Crime No.163 of 2021. ... Respondent/Complainant

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For Petitioner : Mr.S.Gokulraj, Advocate. For Respondent : Mr.M.Muthu Manikkam, Government Advocate (Crl.Side)

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PETITION FOR BAIL Under Sec.439 of Cr.P.C.

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PRAYER :- For Bail in Crime No.163 of 2021 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioner, who was arrested on 02.06.2021 for the offences punishable under Sections 4(1)(aa), 4(1)(b), 4(1)(g) & 4(1-A) of Tamil Nadu Prohibition Act in Crime No.163 of 2021 on the file of the respondent police, seeks bail.

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It is seen from the submissions that the petitioner found in possession of 50 litres of illicit arrack, 80 litres of fermanted wash from the petitioner's house. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. Hence, he would pray for granting bail to the petitioner.

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4.Heard the learned Government Advocate(Crl.Side) appearing for the respondent.

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5.It is seen from the submissions that the material witnesses https://hcservices.ecourts.gov.in/hcservices/ in this case are official witnesses and the material part of the

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CRL OP(MD).No.7588 of 2021

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investigation is almost completed and the petitioner is in judicial custody from 02.06.2021. Taking into consideration all these facts and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.

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6.Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) before the Jail Authority. The petitioner after his release shall surrender before the concerned Judicial Magistrate voluntarily on any working day within a period of one month from the date of resumption of regular work in the Subordinate Courts and 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, pattukottai, Thanjavur District. On such execution of bond before the concerned Magistrate, the own bond executed before the Jail Authority shall stand cancelled automatically.

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i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.

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(ii)the petitioner is directed to deposit a sum of Rs .25,000/(Rupees Twenty Five Thousand Only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), within a period of two weeks without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Pattukottai, Thanjavur District.

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iii)the petitioner shall report before the respondent police daily at 10.30 am., until further orders.

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iv)the petitioner shall not tamper with evidence or witness. v)the petitioner shall not abscond during trial.

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vi)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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vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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sd/10/06/2021 / TRUE COPY / / /2021

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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CRL OP(MD).No.7588 of 2021

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO 1.THE JUDICIAL MAGISTRATE, PATTUKKOTTAI, THANJAVUR DISTRICT. 2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3.THE OFFICER INCHARGE, SUB JAIL, THANJAVUR. 4.THE INSPECTOR OF POLICE, THIRUCHITRAMBALAM POLICE STATION, THANJAVUR DISTRICT. 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO: THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI – 9. +1 CC to Mr.S.GOKUL RAJ, Advocate ( SR-3907[I] dated 10/06/2021 ) ORDER IN CRL OP(MD) No.7588 of 2021 Date :10/06/2021 KMM AE/AKM/SAR-II/10.06.2021/3P/8C

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

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Murugesan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Murugesan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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