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V.Vallinayagam v. The Inspector of Police

Madras HC12 Jul 2021CRL OP(MD)/7864/2021

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to the petitioner facing charges under the Tamilnadu Prohibition Act. The court imposed conditions including daily reporting, execution of surety bonds, and prohibition of tampering with evidence or witnesses.

What did the court decide?

Petitioner granted anticipatory bail with conditions to execute surety bond, deposit money, and appear before the Magistrate within 15 days.

V.Vallinayagam Vs The Inspector of Police — Anticipatory Bail | Madras HC (2021)

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CRL OP(MD)No.7864 of 2021

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

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Date : 12/07/2021

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PRESENT

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The Hon`ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD)No.7864 of 2021

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V.Vallinayagam ... Petitioner/Accused No. 1

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Vs The State rep.by, The Inspector of Police, Munnerpallam Police Station, Tirunelveli District.

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(Cr.No.273/2021). ... Respondent/Complainant

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For Petitioner : Mr.C.Saravanakumar,

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Advocate.

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For Respondent : Mr.M.Muthumanikkam,

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Government Advocate (Crl.Side)

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

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PRAYER :-

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For Anticipatory Bail in Crime No.273 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 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 4(1-A) of the Tamilnadu Prohibition Act in Crime No.273 of 2021, seeks anticipatory bail.

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2.The case of the prosecution is that the accused in this case was found in illegal possession of 43 bottles of Bangalore Whisky near Kobalasamuthiram Town Panchayat Thirumanamandapam on 04.06.2021. Hence, the complaint.

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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

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4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is pending. He further submitted that the petitioner has one similar previous case and that was disposed of.

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

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CRL OP(MD)No.7864 of 2021

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5.Considering the fact that the petitioner and other accused said to have in illegal possession of 43 bottles of Bangalore Whisky and the same were recovered and the fact that A2 was arrested and released on bail and also the fact that material witnesses in this case are only official witnesses, 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 the learned Judicial Magistrate No.5, Tirunelveli, 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] 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.

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[b] the petitioner is directed to deposit a sum of Rs . 10,000/(Rupees Ten Thousand only) to the credit of Coimbatore Advocate Clerk Welfare Association, District Court Branch, Coimbatore (SB Account No.170801000018467, IFSC Code: IOBA0001708), 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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[c] the petitioner shall report before respondent police daily at 10.30 am., until further orders.

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[e] the petitioner shall not abscond either during investigation or trial.

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[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].

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[ g ]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

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

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

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CRL OP(MD)No.7864 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 NO.V, TIRUNELVELI.

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2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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3.THE INSPECTOR OF POLICE, MUNNERPALLAM POLICE STATION, TIRUNELVELI DISTRICT.

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

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COPY TO: THE OFFICER INCHARGE, COIMBATORE ADVOCATE CLERK WELFARE ASSOCIATION, DISTRICT COURT, COIMBATORE.

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GNS SS/AKM/SAR-I/13.07.2021 : 3P/6C

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

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V.Vallinayagam v. The Inspector of Police

Case brief

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V.Vallinayagam v. The Inspector of Police

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