B.Pugalendhi, J
1. The petitioner, who was arrested on 16.04.2024 for the alleged offence under Sections 4(1)(a) r/w 4(1-A) of Tamil Nadu Prohibition Act in Crime No.289 of 2024, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner was in illegal possession of 108 numbers of 180 ml TASMAC Brandy bottles.
3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. For the statistical purpose, the petitioner was implicated in this case by the respondent police.
4.The learned Additional Public Prosecutor appearing for the respondent submits that the investigation is under progress and no previous case is pending as against this petitioner.
5. Considering the nature of allegation and the submission of the learned Additional Public Prosecutor that no case is pending as against this petitioner, 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 on the following conditions:-
i) The petitioner shall execute 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 Principal District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District.
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 as and when required by the respondent police.
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. The petitioner 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.
