Allowed

P. Ganesan v. The Inspector of Police

Madras HC10 Jul 2024/10187/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to a petitioner accused of illegal liquor possession. The court emphasized the petitioner's willingness to deposit a sum for educational welfare and imposed conditions including daily police appearance and a bond.

What did the court decide?

The petitioner was ordered to be released on bail upon arrest or appearance within fifteen days, subject to a bond of Rs. 25,000 with two sureties and specific conditions.

P. Ganesan Vs The Inspector of Police — Anticipatory Bail | Madras HC (2024)

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CRL OP(MD)No.10187 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 10.07.2024

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PRESENT

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The Hon`ble Mr.Justice B.PUGALENDHI

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CRL OP(MD)No.10187 of 2024

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P.Ganesan ... Petitioner/Accused No.1

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The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District. (Crime No.280 of 2024) ... Respondent/Complainant For Petitioner : Mr.N.Marimuthu, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate(Crl.side)

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PETITION FOR ANTICIPATORY BAIL UNDER SEC 482 of BNSS

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PRAYER :-

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For Anticpatory Bail in Crime No.280 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 4(1-A) of the Tamil Nadu Prohibition Act, in Cr.No.280 of 2024 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that the accused persons were found in illegal https://www.mhc.tn.gov.in/judis

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CRL OP(MD)No.10187 of 2024

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possession of 107 liquor bottles contained 180 ml liquor.

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3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Further, he submits that the petitioner herein was implicated only as per the confession statement of the co-accused and the entire liquor bottles were recovered from A2 only. There is no recovery from the petitioner herein. However, the petitioner is ready and willing to deposit a sum of Rs.50,000/- in favour of the “Chief Educational Officer, Virudhunagar” for the welfare of the Government Schools.

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4.The learned Government Advocate(Crl.side) for the respondent submits that the petitioner is having 23 previous cases, out of which, 13 cases were disposed of and 10 cases are still pending as against him.

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5.Considering the facts and circumstances of this case and the willingness of the petitioner, this Court is inclined t o grant anticipatory bail to the petitioner.

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6.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.II, Srivilliputhur, Virudhunagar District on condition

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that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five https://www.mhc.tn.gov.in/judis

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CRL OP(MD)No.10187 of 2024

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Thousand) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court No.II, Srivilliputhur, Virudhunagar District and on further conditions that:

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i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

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ii. The petitioner shall appear before the respondent police daily at 10.30 am until further orders. He has to co-operate for the investigation.

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iii. As per the willingness expressed by the petitioner, he shall deposit a sum of Rs.50,000/-(Rupees Fifty Thousand only)in favour of the “Chief Educational Officer, Virudhunagar” for the welfare of the Government Schools.

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iv. The petitioner shall file an affidavit of undertaking before the respondent Police that he will not indulge in any offence in future.

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v. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

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vi. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the

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https://www.mhc.tn.gov.in/judis

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anticipatory bail.

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CRL OP(MD)No.10187 of 2024

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/ TRUE COPY /

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/07/2024

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Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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gns

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1 THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,

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VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

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3 THE INSPECTOR OF POLICE, SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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COPY TO

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THE CHIEF EDUCATIONAL OFFICER, VIRUDHUNAGAR.

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ORDER IN CRL OP(MD) No.10187 of 2024 Date :10/07/2024

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RS/VR/SAR-(23.07.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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https://www.mhc.tn.gov.in/judis

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P. Ganesan v. The Inspector of Police

Case brief

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P. Ganesan v. The Inspector of Police

Case brief

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