Allowed

Pappa v. The State Rep by

Madras HC9 Dec 2024CRL OP/30557/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought in an arrack possession case under the Tamil Nadu Prohibition Act. The Court directed deposit of Rs.10,000 to a welfare home and granted anticipatory bail with conditions including bond with two sureties and periodic reporting.

What did the court decide?

Anticipatory bail granted on execution of Rs.10,000 bond with two sureties, subject to surrender within fifteen days and reporting conditions.

Pappa Vs The State Rep by — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.30557 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.12.2024

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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.30557 of 2024

Pappa

... Petitioner

Vs.

The State represented by, The Inspector of Police, Kariyalur Police Station, Kallakuruchi District, (Crime No.238 of 2024).

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... Respondent

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PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in Crime No.238 of 2024, on the file of the respondent police.

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For Petitioner : Mr.T.Maha Vishnu For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

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Page No.1 of 6

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

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Crl.O.P.No.30557 of 2024

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O R D E R

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Apprehending arrest in connection with Crime No.238 of 2024 registered for the offences punishable under Sections 4 (1) (C), 4 (1-A) (ii) of Tamil Nadu Prohibition Act, the present petition has been filed seeking anticipatory bail.

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2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioner is an innocent and she has been falsely implicated in this case. He also submits that the petitioner has no previous case against her and without prejudice to the defence and contention, she is ready and willing to deposit a sum of Rs.10,000/- as non-refundable deposit to any welfare scheme of the Government or any organization. H e further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

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Page No.2 of 6

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

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Crl.O.P.No.30557 of 2024

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3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the petitioner was found to be in possession of 10 litres of ID arrack kept in two Plastic Cane. He further submitted that the petitioner has no previous case pending against her.

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4.Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/(Rupees Ten Thousand only) to the Rehoboth - Home for Mentally Challenged Homeless Women, No.22, Viswas Nagar, Koluthuvancherri, Paraniaputhur, Chennai, Punjab National Bank , Moulivakkam Branch, Account No. 05812010015060, IFSC Code : PUNB0058110 MICR Code : 600024081 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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5.Further, having heard the learned counsel for the petitioner and the

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Page No.3 of 6

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

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Crl.O.P.No.30557 of 2024

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learned Government Advocate (Crl. Side) for the respondent Police and

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perused the materials available on record and the fact that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, they are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Sankarapuram 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 said Magistrate, on further condition that:

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[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

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[b] the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of two weeks, thereafter every Saturday at 10.30 am until further orders;

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

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Page No.4 of 6

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

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Crl.O.P.No.30557 of 2024

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[d] the petitioner shall not abscond 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 BNS.

09.12.2024

Page No.5 of 6

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

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Crl.O.P.No.30557 of 2024

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A.D.JAGADISH CHANDIRA, J.

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Crl.O.P.No.30557 of 2024

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09.12.2024

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Page No.6 of 6

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

Pappa v. The State Rep by

Case brief

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Pappa v. The State Rep by

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