Allowed

Kannadasan v. the Inspector of Police

Madras HC29 Aug 2024CRL OP/20906/2024

Case brief

AI extract

What is this about?

In this criminal order, the Court granted anticipatory bail to the petitioner, who apprehended arrest for alleged offences under the Tamil Nadu Prohibition Act involving possession of counterfeit liquor. The order imposes specific conditions for reporting and behavior.

What did the court decide?

Petitioner granted anticipatory bail subject to execution of bond with sureties, weekly reporting to police, and prohibition on tampering with evidence or absconding.

Kannadasan Vs the Inspector of Police — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.20906 of 2024

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Crl.O.P.No.20906 of 2024

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P.DHANABAL,J.

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The petitioner who apprehends arrest at the hands of the respondent

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police for the alleged offences under Sections 4(1)(aaa) and 4(1-A) of TN Prohibition Act, in Crime No.89 of 2023, on the file of the respondent police seeks anticipatory bail.

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The case of the prosecution is that the petitioner was in possession of 105 Litres of counterfeit liquor. Hence, the complaint.

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The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.

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The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner was in illegal possession of 105 litres of counterfeit liquor. He further submitted that no previous case is pending as against the petitioner.

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Considering the submissions of both sides, nature of offence and there is no previous case as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in

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

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Crl.O.P.No.20906 of 2024

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the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned District

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Munsif cum Judicial Magistrate, Cheyyur on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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[a] the petitioner shall report before the respondent police on

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every Saturday at 10.30 a.m. until further orders.

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

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

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trial.

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[d] 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 v. State of Kerala

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[(2005) AIR SCW 5560].

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[e] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the B.N.S

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

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Crl.O.P.No.20906 of 2024

29.08.2024

mfa

The District Munsif cum Judicial Magistrate, Cheyyur.

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The Inspector of Police, G-5, Chunambedu Police Station, Chengalpattu District.

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The Public Prosecutor, High Court, Madras.

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

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Crl.O.P.No.20906 of 2024

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P.DHANABAL,J.

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mfa

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Crl.O.P.No.20906 of 2024

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29.08.2024

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

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Kannadasan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Kannadasan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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