Disposed

K.Devaki v. Inspector of Police

Madras HC23 Feb 2024CRL OP/4366/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by a petitioner facing arrest for possessing 32 bottles of alcohol under prohibition law, with twelve previous cases recorded. Court granted anticipatory bail on bond with two sureties and conditions including daily reporting for two weeks and a charitable deposit.

What did the court decide?

Anticipatory bail granted with conditions: Rs.10,000 bond with two sureties, daily reporting for two weeks, Rs.25,000 hospital deposit.

K.Devaki Vs Inspector of Police — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.4366 of 2024

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Crl.O.P.No.4366 of 2024

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C.V.KARTHIKEYAN, J.

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The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 4(1)(a), 4(1A) of TNP Act in Crime No.1213 of 2023, seeks anticipatory bail.

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2 . The case of the prosecution is that the petitioner was found in possession of 32 bottles of 180 ml alcohol. There are 12 previous cases against the petitioner.

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3 . The learned counsel for the petitioner would submit that the petitioner is a lady.

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Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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5 . Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the District Munsif cum Judicial Magistrate, Uthiramerur, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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

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Crl.O.P.No.4366 of 2024

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[a] the petitioner and the sureties shall affix their photographs and

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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 daily at 10.30 a.m., for a period of two weeks and thereafter as and when required.

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[c] the petitioner shall deposit a sum of Rs.25,000/- to the Government Hospital, Kancheepuram for treatment of needy patients.

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

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[f] 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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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

23.02.2024

vsg

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

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Crl.O.P.No.4366 of 2024

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C.V.KARTHIKEYAN, J.

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vsg

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Crl.O.P.No.4366 of 2024

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23.02.2024

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

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K.Devaki v. Inspector of Police

Case brief

What is this about?

What did the court decide?

K.Devaki v. Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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