V RAJKUMAR v. STATE REP.BY
Court: Madras High Court
Bench: HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA
Judgment date:
Case summary
Madras High Court judgment dated 2024-12-12. V RAJKUMAR v. STATE REP.BY. Read the judgment and case details on LawSphereX.
Judgment text
Crl. O. P. No. 30993 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-12-2024 CORAM THE HONOURABLE MR JUSTICE A. D. JAGADISH CHANDIRA CRL OP NO. 30993 of 2024 V Rajkumar Son of Venugopal, Savulur Village, Pahalahalli Post, Nallampalli Tk, Dharmapuri Dt - 636 807. Petitioner(s) Vs State Rep. By Sub-Inspector of Police, PEW, Dharmapuri. Cr. No. 8 of 2024. Respondent(s) For Petitioner(s): saritha sivakumar J. Bharathiraja For Respondent(s): Public Prosecutor ORDER Apprehending arrest in connection with Crime No. 878 of 2024 registered for the offences punishable under Section 4(1)(B) of Tamil Nadu Prohibition Act, the present petition has been filed by the petitioner seeking anticipatory bail. Page No. 1 of 4 https://www. mhc. tn. gov. in/judis Crl. O. P. No. 30993 of 2024 2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court.
He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court. 3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner was found to be in illegal possession of 5 bottles of brandy bottles, each containing 180 ml, near his chicken shop. He further submitted that there are no previous cases against the petitioner. 4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl.
Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he 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 of receipt of a copy of this order, before the learned Judicial Magistrate-II, Dharmapuri, on condition that the petitioner shall execute a bond for a sum of Rs. 10,000/- (Rupees Ten Page No. 2 of 4 https://www. mhc. tn. gov. in/judis Crl. O. P. No.
30993 of 2024 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: [a] the petitioner and 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. [b] the petitioner shall report before the respondent police everyday at 10. 30 a. m. until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate A. D. JAGADISH CHANDIRA, J.
Anu action against the petitioner in accordance with law as if the Page No. 3 of 4 https://www. mhc. tn. gov. in/judis Crl. O. P. No. 30993 of 2024 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B. N. S. 12. 12. 2024 Anu To 1. The Judicial Magistrate-II, Dharmapuri 2. The Sub-Inspector of Police, PEW, Dharmapuri Crl. O. P. No. 30993 of 2024 Page No. 4 of 4 https://www. mhc. tn. gov. in/judis
Source: Madras High Court. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.