CRL OP(MD). No.6644 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 30/04/2024
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CRL OP(MD). No.6644 of 2024
Rajappa @ Rasappa ... Petitioner / Sole Accused
Vs
The Inspector of Police,
Thiruneelakudi Police Station,
Thanjavur District.
(Crime No.287/2024.) ... Respondent/Complainant
For Petitioner : M/s.Ezhilarasu.C, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar,
Additional Public Prosecutor
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-
For Bail in Crime No.287/2024 on the file of the respondent police.
ORDER : The Court made the following order :-
The respondent police registered a case as against this petitioner in Crime
No.287 of 2024 for the offence under Sections 4(1)(a) r/w 4(1-A) of Tamil Nadu
Prohibition Act and remanded him into judicial custody on 16.04.2024. Therefore,
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CRL OP(MD). No.6644 of 2024
the petitioner has filed this petition seeking bail.
2. The case of the prosecution is that the petitioner was found in illegal
possession of 50 liquor bottles (180 ml. each bottle).
3. The learned counsel appearing for the petitioner submits that the petitioner
is an innocent person and he has not committed any offence as alleged by the
prosecution. However, he is languishing in Jail from 16.04.2024. Hence, he prays for
grant of bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent
opposes for grant of bail on the ground that the investigation is yet to be completed.
However, he fairly submits that the petitioner is not having any previous case.
5. Considering the nature of offence, the period of incarceration and also
considering the fact that the petitioner is not having any previous case, this Court is
inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is
ordered to be released on bail
i) on the petitioner executing a bond for a sum of
Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for
a like sum to the satisfaction of the learned Judicial Magistrate,
Thiruvidaimaruthur, Thanjavur District.
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CRL OP(MD). No.6644 of 2024
ii) The petitioner and the sureties shall submit a copy of their
Aadhaar Card or any other identity card issued by the government in
proof of their residence address;
iii) The petitioner shall appear before the respondent police daily
at 10.30 a.m. for a period of two weeks and thereafter, as and when
required. He has to co-operate for the investigation.
iv) The petitioner shall not misuse the liberty granted to him by
indulging in any further offence and shall not tamper with the
prosecution witnesses. He shall be available for the trial as well.
v) On violation of any of the above conditions by the petitioner,
the respondent police shall move an application for cancellation of the
bail.
sd/-
30/04/2024
/ TRUE COPY /
30/04/2024
Sub-Assistant Registrar ( )
Madurai Bench of Madras High Court,
Madurai - 625 023.
SJI
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CRL OP(MD). No.6644 of 2024
To
1.The Judicial Magistrate,
Thiruvidaimaruthur, Thanjavur District.
2.Do through the Chief Judicial Magistrate,
Thanjavur District at Kumbakonam.
3.The Inspector of Police,
Thiruneelakudi Police Station,
Thanjavur District.
4.The Officer Incharge,
Sub Jail, Thiruvidaimaruthur.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.C.EZHILARASU, Advocate ( SR-5213[I] dated 30/04/2024 )
ORDER
IN
CRL OP(MD) No.6644 of 2024
Date :30/04/2024
ED/ /SAR- (30/04/2024) 4P / 7C
Madurai Bench of Madras High Court is issuing certified copies in this format from
17/07/2023
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