Single bench of the Madras High Court granted anticipatory bail to the petitioner charged under the Tamil Nadu Prohibition Act, imposing conditions including a monetary deposit, arrest attendance, and reporting to police.
Petitioner ordered released on bail upon arrest/appearance with conditions including bond, Rs. 10,000 deposit, and reporting to police.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.13958 of 2023
Crl.O.P.No.13958 of 2023
G.CHANDRASEKHARAN. J.
The petitioner, who apprehends arrest at the hands of the
respondent police for the alleged offences under Sections 4(1-A), 4(1)(a) of Tamil Nadu Prohibition Act in Crime No.124 of 2023 on the file of the respondent police, seeks anticipatory bail.
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Crl.O.P.No.13958 of 2023
learned Judicial Magistrate-2, Tindivanam, on condition that the petitioner shall execute 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 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:
[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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Crl.O.P.No.13958 of 2023
[b]the petitioner without prejudice to his defence shall deposit a non-refundable sum of Rs.10,000/-, by way of Demand Draft to the Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond; It is made clear that merely, because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.
[c] the petitioner shall report before the respondent police as and when required for further interrogation;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take
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Crl.O.P.No.13958 of 2023
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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
12.07.2023
gd
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Crl.O.P.No.13958 of 2023
G.CHANDRASEKHARAN. J.
gd
Crl.O.P.No.13958 of 2023
12.07.2023
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1 issue framed by the court
Whether anticipatory bail can be granted to the petitioner in a case involving illegal possession of illicit arrack.
Colour shows how this judgement treated each authority
P.K. Shaji vs. State of KeralaReferred¶25
P.K.Shaji vs. State of Kerala
3 provisions across 2 enactments
G. Chandrasekaran
State of Tamil Nadu
G. CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
