In this bail petition under Section 439 CrPC, the High Court granted bail to the petitioner accused of possessing illicit arrack. The court imposed donation, reporting, and conduct conditions, referencing P.K. Shaji for breach consequences.
Petitioner granted bail upon donation of Rs.25,000 and execution of bond with conditions including police reporting.
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.OP.No.9998 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.05.2023
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.OP.No.9998 of 2023
Muniyappan
... Petitioner/sole accused
Vs.
State Rep. by The Inspector of Police, PEW, Polur Police Station, Thiruvannamalai District crime No.258 of 2023
... Respondent
PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.258 of 2023 pending investigation on the file of the respondent police.
For Petitioner : Mr.S.L.Venkatesan
For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
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Crl.OP.No.9998 of 2023
ORDER
The petitioner, who was arrested and remanded to judicial custody on 23.03.2023 for the offences punishable under Section 4 (1) (aaa) r/w 4(1-A) (ii) of TNP Act in Crime No.258 of 2023 on the file of the respondent police, seeks bail
the petitioner was found in possession of 110 litres of ID arrack. Hence
the case.
petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.
respondent police would submit that the petitioner has 24 previous cases. Hence, he vehemently opposed to grant bail to the petitioner.
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Crl.OP.No.9998 of 2023
(Rupees Twenty Five Thousand only) to the credit of “LOVERS OF TRUTH, UNITY & SERVICE”, A/c. No.611901075128, IFS Code: ICIC0006119, by producing his Aadhar number, PAN number and address. On such donation, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate No.2, Tiruvannamalai and on further conditions that :-
[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 Bank pass Book to ensure their identity.
[b] the petitioner shall donate a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), to the credit of the “LOVERS OF TRUTH, UNITY & SERVICE”, A/c. No.611901075128, IFS Code: ICIC0006119,
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Crl.OP.No.9998 of 2023
Cell No.9600416555 by producing his Aadhar number, PAN number and address. The receipt of such donation shall be produced before the concerned Magistrate at the time of executing the bond;
[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
04.05.2023
lok
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Crl.OP.No.9998 of 2023
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Crl.OP.No.9998 of 2023
G.K.ILANTHIRAIYAN, J.
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To
Crl.O.P.No.9998 of 2023
04.05.2023
Page 6 of 6
2 issues framed by the court
Whether bail should be granted to the petitioner accused in a prohibited article possession case despite his criminal antecedents.
What conditions should be imposed on the grant of bail in this case.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶44
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
3 provisions across 3 enactments
Muniyappan
State Rep. by The Inspector of Police, PEW, Polur Police Station, Thiruvannamalai District
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
