Allowed

Rajivgandhi v. State Rep by

Madras HC12 Dec 2024CRL OP/30139/2024

Case brief

AI extract

What is this about?

Regular bail petition in a prohibition offence involving illegal transport of liquor from Karnataka. The court granted bail on a Rs.15,000 bond with two sureties and conditions including daily reporting to police and deposit of Rs.5,000 to the District Legal Services Authority.

What did the court decide?

Bail granted on Rs.15,000 bond with two sureties, daily police reporting, and deposit of Rs.5,000 to District Legal Services Authority, Vellore.

Rajivgandhi Vs State Rep by — Bail and Remand | Madras HC (2024)

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Crl.O.P.No.30139 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.12.2024

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CORAM

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THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.30139 of 2024

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Rajivgandhi ... Petitioner

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Vs.

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The State represented by, The Inspector of Police, PEW Gudiyatham Police Station, Gudiyatham, Vellore District. (Crime No.624 of 2024).

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... Respondent

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PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.624 of 2024, pending investigation on the file of the respondent Police.

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For Petitioner : Mr.G.Vinodhkumar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

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O R D E R

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Petition seeking bail in respect of Crime No.624 of 2024 registered for

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the offences punishable under Sections 4(1)(C) and 4(1-A)(ii) of the Tamil Nadu Prohibition (Amendment) Act, 2024, is on board for consideration.

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

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Crl.O.P.No.30139 of 2024

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The incarceration of the petitioner being from 11.11.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner has been implicated in this case, since he has several previous cases. He further submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.5,000/- to any welfare scheme of the Government or any other organization. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

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The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the accused had illegally transported 72 packets (each 90ml) of liquor from the State of Karnataka. He further submits that several previous cases are pending against the petitioner and the investigation in this case is still pending.

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Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the "District Legal Services Authority,

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

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Crl.O.P.No.30139 of 2024

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Vellore", without prejudice to the right of defence before the trial Court and making it clear that it would not amount to admission of guilt.

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Further, having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties , each for a like sum to the satisfaction of the learned Judicial Magistrate, Gudiyatham, and on further conditions that:

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[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;

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

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

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[d] the petitioner shall not tamper with evidence or

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

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Crl.O.P.No.30139 of 2024

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witness either during investigation or trial;

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[e] 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];

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

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12.12.2024

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ham

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