Allowed

Amulu v. State Rep by

Madras HC2 Sept 2024CRL OP/21363/2024

Case brief

AI extract

What is this about?

Crl.O.P. filed under Section 483 B.N.S.S. for bail in a case concerning illegal possession of illicit arrack. The High Court considered the nature of the offence, quantity involved, period of incarceration, and petitioner's history of bail in prior cases. Bail was granted subject to specific reporting, conduct, and non-absconding conditions.

What did the court decide?

Petitioner ordered to be released on bail upon executing a bond for Rs.10,000 with two sureties, subject to conditions regarding reporting, conduct, and non-absconding.

Amulu Vs State Rep by — Service and Employment | Madras HC (2024)

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Crl.O.P.No.21363 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.09.2024

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CORAM

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THE HON'BLE MR. JUSTICE P.DHANABAL

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Crl.O.P.No.21363 of 2024

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Amulu ... Petitioner

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Vs.

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The State represented by, The Inspector of Police, Paradarami Police Station, Paradarami, Vellore District. (Crime No. 156 of 2024). ... Respondent

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PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S.,

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pleased to enlarge the petitioner on bail, pending investigation in Crime No.

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156 of 2024 on the file of the respondent Police.

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For Petitioner : Mr.G.Vinodhkumar

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For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

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O R D E R

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The petitioner, who was arrested and remanded to judicial custody

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on 13.08.2024, for the alleged offences punishable under Section 4(1)(C),

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https://www.mhc.tn.gov.in/judis 1/5

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Crl.O.P.No.21363 of 2024

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4(1)(A), 4(1-A)(ii) of TNP (Amendment) Act, in Crime No.156 of 2024, on the file of the respondent police, seeks bail.

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The case of the prosecution is that the petitioner was found in illegal possession of 128 litres of illicit arrack. Hence the case.

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Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case, since she has got some previous cases. She has not committed any offence as alleged in the FIR. He would further submit that the petitioner was arrested and is in judicial custody for more than 20 days and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner was found in illegal possession of 128 litres of illicit arrack. He further submitted that the petitioner has 4 previous cases, similar in nature, pending against her. Hence, he opposed to grant bail to the petitioner.

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https://www.mhc.tn.gov.in/judis 2/5

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Crl.O.P.No.21363 of 2024

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Heard both sides and perused the materials available on record including the First Information Report.

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Considering the nature of offence and the quantity involved and

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considering the period of incarceration undergone by the petitioner, and also considering the fact that the petitioner has 4 previous cases, in all the cases, she has been released on bail and also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions.

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

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her 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 Judicial Magistrate, Gudiyatham, and on further conditions that:-

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[a] the petitioner shall report before the respondent police, everyday at 10.30 a.m., until further orders.

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[b] the petitioner shall not commit any offences of similar nature.

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

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https://www.mhc.tn.gov.in/judis 3/5

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3/5

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Crl.O.P.No.21363 of 2024

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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 Judicial 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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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

02.09.2024

drl

1.The Judicial Magistrate, Gudiyatham.

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2.The Inspector of Police, Paradarami Police Station, Paradarami, Vellore District.

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3.The Superintendent, Special Prison for Women, Vellore.

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4.The Public Prosecutor, High Court of Madras.

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https://www.mhc.tn.gov.in/judis 4/5

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4/5

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Crl.O.P.No.21363 of 2024

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P.DHANABAL, J .

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drl

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Crl.O.P.No.21363 of 2024

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02.09.2024

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Amulu v. State Rep by

Case brief

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What did the court decide?

Amulu v. State Rep by

Case brief

What is this about?

What did the court decide?

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