Allowed

A.Rajendran v. State Rep by

Madras HC1 Feb 2022CRL OP/2295/2022

Case brief

AI extract

What is this about?

Anticipatory bail granted to petitioner apprehending arrest under TN Prohibition Act. Conditions include bond execution, deposit, reporting daily, and prohibition on tampering or absconding. Fresh FIR permissible under IPC 229A if accused absconds.

What did the court decide?

Petitioner released on bail subject to conditions: bond of Rs.10,000, deposit of Rs.15,000, daily reporting, and prohibition on tampering or absconding.

A.Rajendran Vs State Rep by — Cheque Dishonour | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01.02.2022

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CORAM

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THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

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CRL.O.P.No.2295 of 2022

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A.Rajendran ... Petitioner

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Versus

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State represented by The Inspector of Police, P.E.W. Villupuram Police Station, Villupuram District. (Crime No.565 of 2021)

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... Respondent

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Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in connection with the Crime No.565 of 2021 on the file of the respondent police.

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For Petitioner : Mr.T.Balachandran

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For Respondent : Mr.N.S.Suganthan, Government Advocate (Crl. Side)

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O R D E R

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 4(1)(aaa), 4(1-A) of Tamil Nadu Prohibition Act in Crime No.565 of 2021, seeks anticipatory bail.

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The case of the prosecution is that on 19.09.2021 the defacto complainant above respondent police was routine vehicle checkup nearby Chennai to Trichy high ways at the time find out the illegal sprite each two totally 20 liters of illegal sprite from the Accused. Based on the allegation the defacto complainant was registered the FIR. Hence the complaint.

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The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

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The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner seized 20 liters of illegal sprite, no previous case pending against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.

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

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Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is directed to be released on

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bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate No.1, Villupuram, Villupuram District, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioner is directed to deposit a sum of Rs.15,000/(Rupees Fifteen Thousand only) to the credit of the Registered Advocate Clerk Association, Kallakurichi 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.

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[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.

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[c] the petitioner is directed to report before the respondent police daily at 10.30 a.m., 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 anticipatory 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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https://hcservices.ecourts.gov.in/hcservices/

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

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-sd/-

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01/02/2022

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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1 THE JUDICIAL MAGISTRATE, NO.II, VILLUPURAM, VILLUPURAM DISTIRCT.

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2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM(FOR INFORMATION)

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3 INSPECTOR OF POLICE, P.E.W., VILLUPURAM POLICE STATION, VILLUPURAM DISTRICT.

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4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, KALLAKURICHI DISTRICT.

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CC to M/S. T.BALACHANDRAN Advocate on payment of necessary charges Sr.1587

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CRL OP.2295/2022

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Date :01/02/2022 RVR 04/02/2022

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

A.Rajendran v. State Rep by

Case brief

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A.Rajendran v. State Rep by

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