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2023 Supreme(Mad) 2797

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
P. Murugesan – Appellant
Versus
State represented by The Inspector of Police, Karur – Respondent
Crl Op (MD). No. 16295 of 2023
Decided On : 08-09-2023

Advocates appeared:
For the Petitioner:M/s. R.Mathiyalagan, Advocates. For the Respondent: B. Nambiselvan, Additional Public Prosecutor.

In considering a bail application, the court may take into account the petitioner's innocence and the period of incarceration.

Headnote:

Bail - TNP Act - The court granted bail to the petitioner who was arrested for illegal possession of poisonous liquor bottles, considering the petitioner's innocence and the period of incarceration.

Fact of the Case:

The petitioner was arrested for illegal possession of poisonous liquor bottles and sought bail, claiming innocence and false implication.

Finding of the Court:

The court granted bail to the petitioner, considering the facts and circumstances of the case and the period of incarceration.

Issues: Bail application in a case of alleged illegal possession of poisonous liquor bottles.

Ratio Decidendi: The court considered the petitioner's innocence and the period of incarceration in granting bail.

Final Decision: The Criminal Original Petition is allowed, and the petitioner is ordered to be released on bail with certain conditions.

JUDGMENT

(Prayer: For Bail in Crime No.573 of 2023 on the file of the Respondent Police.)

1. The petitioner / Sole Accused herein, who was arrested on 29.08.2023 for the alleged offences under Sections 4(1)(a) r/w Section 4 (1-A) of TNP Act, in Crime No.573 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 29.08.2023, when the respondent police were on patrol duty, they found the petitioner in illegal possession of 11 poisonous liquor bottles each consists of 180 ml for illegal sale. They recovered the same and the present case came to be registered.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. She has been falsely implicated in this case. Hence, she seeks for the relief of bail.

4. The learned Additional Public Prosecutor would submit that the petitioner is having two previous cases.

5. Considering the facts and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant relief to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 learned Judicial Magistrate No.I, Karur, and the petitioner shall file an undertaking affidavit before the trial Court that he will not indulge in any kind of offence in future and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

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