Allowed

A. Sundar @ Shanmuga Sundaram v. The Inspector of Police

Madras HC5 May 2022CRL OP(MD)/8673/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted bail to the petitioner, an accused labourer arrested under sections of the Tamil Nadu Prohibition Act and IPC for manufacturing and selling liquor with forged seals. The court relied on the accused being in custody for a month and granted bail subject to strict reporting and surety conditions.

What did the court decide?

Granted bail on bond of Rs. 25,000 with two sureties; ordered daily police reporting, no tampering with evidence/witnesses, and no absconding.

A. Sundar @ Shanmuga Sundaram Vs The Inspector of Police — Narcotics (NDPS) | Madras HC (2022)

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CRL OP(MD). No.8673 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 05/05/2022

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PRESENT

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The Hon`ble Mr.Justice M.S.RAMESH

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CRL OP(MD). No.8673 of 2022

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A.Sundar @ Shanmuga Sundaram ... Petitioner/6^th Accused

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The State Rep.by The Inspector of Police, Thiruverumbur Police Station(PEW), Trichy District. Cr.No.414/22. ... Respondent/Complainant

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For Petitioner : M/s.Suresh M, Advocate. For Respondent : M.Muthumanikkam, 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.414/2022 on the file of the Respondent police.

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ORDER : The Court made the following order :-

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The petitioner/accused No.6, who was arrested and remanded to judicial custody on 15.04.2022 for the offences punishable under Sections 4(1)(aaa), 4(1-A), 5 and 6 of Tamil Nadu Prohibition Act r/w 420, 465, 468 and 471 of IPC in Crime No.414 of 2022, on the file of the respondent police, seeks bail.

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2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent.

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3.The case against the accused Nos.1 and 2 is that they were running a liquor factory by forging seal of TASMAC and the liquor bottles have also been seized. The confession statement of the first accused implicates the petitioner as a Labourer. The recovery of the liquor bottles was also from the first accused only.

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4.Since the petitioner has been in judicial custody from 15.04.2022 onwards and in view of the confession statement, this https://hcservices.ecourts.gov.in/hcservices/ Court is inclined to grant bail to the petitioner.

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1/2

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CRL OP(MD). No.8673 of 2022

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5.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Trichy.

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(i)the sureties shall affix their photographs and left thumb

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impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar cards or Bank Pass Books to ensure their identity;

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(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one (1) month and thereafter, as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial;

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(v)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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sd/05/05/2022 / TRUE COPY / 05/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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