Allowed

Jothi v. State rep.by

Madras HC18 Sept 2024CRL OP/21499/2024

Case brief

AI extract

What is this about?

In this bail petition, the petitioner, in illegal possession of 110 litres of illicit arrack, was arrested and in judicial custody for over 70 days with 7 prior similar cases. The Court granted bail subject to conditions, noting the quantity involved and period of incarceration.

What did the court decide?

Petitioner ordered to be released on bail by executing a bond for Rs.10,000/- with two sureties and complying with conditions including reporting to police station.

Jothi Vs State rep.by — Cheque Dishonour | Madras HC (2024)

¶1

Crl.O.P.No.21499 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 18.09.2024

¶4

CORAM

¶5

THE HON'BLE MR. JUSTICE P.DHANABAL

¶6

Crl.O.P.No.21499 of 2024

Jothi

... Petitioner

Vs.

The State represented by, The Inspector of Police, Kachirapalaiyam Police Station, Kallakurichi District. (Crime No. 277 of 2024). ... Respondent

¶11

PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No. 277 of 2024 on the file

¶12

of the respondent Police.

¶13

For Petitioner : Mr.V.Gunasekar

¶14

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

¶15

O R D E R

¶16

The petitioner, who was arrested and remanded to judicial custody

¶17

on 01.07.2024, for the alleged offence punishable under Sections 4(1)(aaa),

¶18

https://www.mhc.tn.gov.in/judis 1/6

¶19

1/6

¶20

Crl.O.P.No.21499 of 2024

¶21

4(1-A) of TNP Act, in Crime No. 277 of 2024, on the file of the respondent police, seeks bail.

¶22

The case of the prosecution is that the petitioner was found in illegal possession of 110 litres of illicit arrack, without any valid license. Hence the case.

¶23

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 70 days and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.

¶24

The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner was found in illegal possession of 110 litres of illicit arrack, without any valid license. He further submitted that the petitioner has 7 previous cases, similar in nature,

¶25

https://www.mhc.tn.gov.in/judis 2/6

¶26

Crl.O.P.No.21499 of 2024

¶27

pending against her. Hence, he opposed to grant bail to the petitioner.

¶28

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

¶29

Considering the nature of offence, quantity involved and

¶30

considering the period of incarceration undergone by the petitioner, and though the petitioner has 7 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.

¶31

Accordingly, the petitioner is ordered to be released on bail on 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 No.I, Kallakurichi and on further conditions that:-

¶32

[a] the petitioner shall report before the Athur Police Station, everyday at 10.30 a.m., until further orders.

¶33

3/6

¶34

https://www.mhc.tn.gov.in/judis 3/6

¶35

Crl.O.P.No.21499 of 2024

¶36

[b] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

¶37

[c] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

¶38

[d] the Petitioner shall not abscond either during investigation or

¶39

trial;

¶40

[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]; and

¶41

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

¶42

18.09.2024

¶43

drl

¶44

https://www.mhc.tn.gov.in/judis 4/6

¶45

4/6

¶46

Crl.O.P.No.21499 of 2024

¶47

¶48

1.The Judicial Magistrate No.I, Kallakurichi.

¶49

2.The Inspector of Police, Kachirapalaiyam Police Station, Kallakurichi District.

¶50

3.The Superintendent, Central Women Prison, Cuddalore.

¶51

4.The Public Prosecutor, High Court of Madras.

¶52

https://www.mhc.tn.gov.in/judis 5/6

¶53

Crl.O.P.No.21499 of 2024

¶54

P.DHANABAL, J .

¶55

drl

¶56

Crl.O.P.No.21499 of 2024

¶57

18.09.2024

¶58

https://www.mhc.tn.gov.in/judis 6/6

Jothi v. State rep.by

Case brief

What is this about?

What did the court decide?

Jothi v. State rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

R Subramaniam Vs State by

Elangovan Vs the Inspector of Police

S.Sahadevan Vs Silambarasan @ Silambu

E.Seloth Raj Vs Inspector of Police

M/S.Thiru Thanigai Spinning Mills Pvt. Ltd. Vs M/S.H.M.Textiles (P) Ltd.

S.Eswaran @ Eswaramoorthy Vs State Rep by