Allowed

Settu v. Sub Inspector of Police

Madras HC1 Jun 2023CRL OP/12077/2023

Case brief

AI extract

What is this about?

In this Criminal Original Petition, the Madras High Court granted bail to the petitioner, Settu, arrested for illegal possession of country arrack. The Court ordered a non-recovery deposit of Rs.20,000 to the Tamil Nadu Juvenile Justice Fund and release on bond with sureties, subject to strict reporting conditions.

What did the court decide?

Petitioner released on bail with a non-refundable deposit of Rs.20,000 to the Tamil Nadu Juvenile Justice Fund, execution of a bond of Rs.10,000 with two sureties, and strict reporting conditions.

Settu Vs Sub Inspector of Police — Narcotics (NDPS) | Madras HC (2023)

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Crl.O.P.No.12077 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.06.2023

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CORAM

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THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.12077 of 2023

Settu

... Petitioner

Vs.

The State represented by, The Sub-Inspector of Police, Thanipadi Police Station.

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(Crime No.226 of 2023).

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... Respondent

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PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C.,

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pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.226 of 2023, pending investigation on the file of the respondent Police.

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For Petitioner : Mr.M.Gunasekaran

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For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)

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Crl.O.P.No.12077 of 2023

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O R D E R

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The petitioner, who was arrested and remanded to judicial custody on 15.05.2023, for the offences punishable under Sections 4(1)(aa) r/w 4(1-A)ii of Tamil Nadu Prohibition Act, in Crime No.226 of 2023, on the file of the respondent police, seeks bail.

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The case of the prosecution is that when the respondent and his team were on their regular patrol duty, they found that the accused was in illegal possession of 55 litres of country arrack. Hence the case.

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Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in custody from 15.05.2023 and he is also ready to abide by any other stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

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Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner was found to be in illegal possession of 55 litres of country arrack. He further submitted that no

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Crl.O.P.No.12077 of 2023

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previous case is pending as against the petitioner. However, he vehemently opposed for grant of bail to the petitioner.

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5. At this juncture, the learned counsel for the petitioner submitted

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that the petitioner, without prejudice to his defense and contention, is ready and willing to make a non-refundable deposit of Rs.20,000/- to any welfare scheme run by the Government. H ence, he prays for grant of bail to the petitioner.

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Heard the learned Counsel for the petitioner and the learned

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Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

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On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of "M/s. The Tamil Nadu Juvenile Justice Fund", without prejudice to his rights and contentions before the trial Court.

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Crl.O.P.No.12077 of 2023

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Merely, because the petitioner has deposited the said amount, it

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would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

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Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.20,000/- to the credit of "M/s. The Tamil Nadu Juvenile Justice Fund", this Court is inclined to grant bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail on condition to make a non-refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) directly to the credit of "M/s. The Tamil Nadu Juvenile Justice Fund, A/C No.358001000000671, IFSC: IOBA0001288, MICR: 600020073, Indian Overseas Bank, SME Kilpauk Branch, Address: No.20, Ormes Road, Kilpauk, Chennai 10" , without prejudice to his rights

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and contentions before the trial Court, on such deposit and production of

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Crl.O.P.No.12077 of 2023

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proof, the petitioner is ordered to be released on bail on his executing a bond

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for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties ,

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each for a like sum to the satisfaction of the learned Judicial Magistrate,

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Thandarampet, and on further conditions that:

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[a] 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

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Bank pass Book to ensure their identity;

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[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., and 05.30p.m., until further orders;

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[c] the petitioner shall not abscond either during investigation or trial;

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

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[e] 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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Crl.O.P.No.12077 of 2023

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[f] If the accused thereafter abscond, a fresh FIR

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can be registered under Section 229A IPC.

01.06.2023

ham

The Judicial Magistrate, Thandarampet.

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The Sub-Inspector of Police, Thanipadi Police Station.

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The Central Jail, Vellore.

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The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.12077 of 2023

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A.D.JAGADISH CHANDIRA.,J.

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ham

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Crl.O.P.No.12077 of 2023

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01.06.2023

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Settu v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Settu v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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