Allowed

Suresh v. The Inspector of Police

Madras HC16 Jun 2021CRL OP(MD)/7651/2021

Case brief

AI extract

What is this about?

This judgment grants bail to an accused charged with manufacturing illegal liquor in Tamil Nadu. The court granted bail subject to conditions including depositing funds into a Government Public Relief Fund, daily reporting, and surety bonds to ensure appearance and prevent tampering with evidence.

What did the court decide?

Petitioner released on bail by executing a bond with two sureties and depositing Rs. 10,000/- in the Government of Tamil Nadu CMPRF.

Suresh Vs The Inspector of Police — Quashing and FIR | Madras HC (2021)

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CRL OP(MD). No.7651 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Date : 16/06/2021

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PRESENT

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The Hon`ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD). No.7651 of 2021

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Suresh ... Petitioner/Accused No.1

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State Rep.by The Inspector of Police, Kumbakonam West Police Station, Kumbakonam, Thanjavur District. Crime No.667/2021. ... Respondent/Complainant

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For Petitioner : Mr.C.Suresh Kannan, Advocate. For Respondent : Mr.E.Antony Sahaya Prabhu, Additional Public Prosecutor

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

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PRAYER :- For Bail in Crime No.667 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)(aaa) and 4(1-A) of TNP Act in Crime No.667 of 2021 on the file of the respondent police, seek bail.

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2.The case of the prosecution is that on 02.06.2021 at about 03.00pm., when the police party were under surveillance in Kothancetti street near Venkatesh house they saw two persons coming in two wheeler and when they were stopped they tried to escape from the place. On enquiry in one two wheeler bearing Reg. No. TN 68 R 1426 they found 55 litres of ID arrack and in another two wheeler they found 55 litres of ID arrack, totally 110 litres of ID arrack Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 02.06. 2021, hence he seeks bail.

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

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CRL OP(MD). No.7651 of 2021

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4.The learned Additional Public Prosecutor appearing for the respondent police opposed this petition on the ground that the investigation is not yet completed. He would further submit that no previous case of similar nature is pending against the petitioners.

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Taking into consideration all these facts and also considering the period of incarceration and also the fact that the material witnesses are only official witnesses this Court is inclined to grant bail to the petitioners.

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Accordingly, the petitioner is ordered to be released on bail on his executing 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, Kumbakonam and on further condition that

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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 .10,000/(Rupees Ten 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), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties.

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iii)the petitioner shall report before the respondent police daily at 10.30 am., until further orders. 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/16/06/2021 / TRUE COPY /

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/ /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.7651 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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