Allowed

Vijaya Ragavan v. The Inspector of Police

Madras HC15 Jun 2021CRL OP(MD)/7722/2021

Case brief

AI extract

What is this about?

The Madurai High Court granted bail to the petitioner accused of illegal possession of fermented wash under the Tamil Nadu Prohibition Act. The court imposed conditions regarding financial deposits, sureties, regular reporting, and stipulated penalties for breach or absconding, referencing the Supreme Court in P.K.Shaji.

What did the court decide?

Released on bail via own bond and temporary deposit, pending execution of surety bond before Judicial Magistrate.

Vijaya Ragavan Vs The Inspector of Police — Pension and Retirement Benefits | Madras HC (2021)

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CRL OP(MD). No.7722 of 2021

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

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Date : 15/06/2021

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The Hon`ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD). No.7722 of 2021 Vijaya Ragavan ... Petitioner/Sole Accused

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State Rep. by The Inspector of Police, Prohibition and Enforcement Wing, Thiruverumbur, Trichy District. Crime No.447 of 2021. ... Respondent/Complainant For Petitioner : Mr.Anandakumar.N, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, 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.447 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/sole accused, who was arrested and remanded to judicial custody on 01.06.2021 for the offences punishable under Sections 4(1)(g) r/w 4(1-A) of Tamil Nadu Prohibition Act in Crime No.447 of 2021 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that the petitioner was found in illegal possession of 30 litres of fermented wash on 01.06.2021. 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. He would further submit that the petitioner is in judicial custody from 01.06.2021 and he will abide by any condition and hence, he would pray for granting bail to the petitioner.

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4.The learned Additional Public Prosecutor appearing for the respondent police opposed this petition on the ground that https://hcservices.ecourts.gov.in/hcservices/ investigation is pending.

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CRL OP(MD). No.7722 of 2021

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5.Taking into consideration the facts and circumstances of the case and the fact that the material witnesses are the police officials 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, Lalgudi, Trichy. 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.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), 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, Lalgudi, Trichy.

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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/-

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15/06/2021

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/ 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.7722 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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1 THE JUDICIAL MAGISTRATE, LALGUDI, TRICHY.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

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3 THE INSPECTOR OF POLICE, PROHIBITION AND ENFORCEMENT WING, THIRUVERUMBUR, TRICHY DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY DISTRICT.

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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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COPY TO: THE OFFICER INCHARGE, GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND IN IOB, SECRETARIAT BRANCH, CHENNAI-9.

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sji JM/JC/SAR II/15.06.2021/3P/7C

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

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Vijaya Ragavan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Vijaya Ragavan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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