Crl.OP.No.1452 of 2023

Crl.OP.No.1452 of 2023

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest for the alleged offences

punishable under Sections 4(1) (aaa), 4(1) (b), 4(1)(h) read with 4(1-A) of

T.N.P Act, 420, 465, 468, 471, 472, 120B, 328 of IPC read with 5 & 7 of TN

Rectified Spirit Rules 2000, in Crime No.10 of 2023, on the file of the

respondent police, seek anticipatory bail.

2. The case of the prosecution is that when the respondent police was

on regular patrol, the petitioners were found to be in possession of (1) fake

Directors Club 750 ml 576 bottles, (2) fake Golden choice 180 ml 1440

bottles (3) 180 ml 420 bottles without any sticker (4) 140 litter spirit (5) illicit

Pondy Arrack 750 litter (6) Carg 11 Bags (7) Stickers and other materials

used for making fake liquor bottles. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the

petitioners are innocent and they have not committed any such offence as

alleged by the prosecution. However, on instructions, the learned counsel

further submits that the petitioners without prejudice their rights, on their own

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Crl.OP.No.1452 of 2023

volition, are ready and willing to contribute some amount to any charitable

trust as may be directed by this Court and he prays to grant anticipatory bail

to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the

respondent opposed for granting anticipatory bail to the petitioners by stating

that the petitioners were found to be in possession of (1) fake Directors Club

750 ml 576 bottles, (2) fake Golden choice 180 ml 1440 bottles (3) 180 ml

420 bottles without any sticker (4) 140 litter spirit (5) illicit Pondy Arrack 750

litter (6) Carg 11 Bags (7) Stickers and other materials used for making fake

liquor bottles. He would submit that the 1^st petitioner is having two previous

cases, the 2^nd petitioner is having one previous case and there is no previous

case against the 3^rd petitioner.

5. Taking into consideration the facts and the submissions made by the

both counsel and also the facts the petitioners without prejudice their rights,

on their own volition, are ready and willing to contribute some amount to any

charitable trust, this Court is inclined to grant anticipatory bail to the

petitioners with certain conditions.

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Crl.OP.No.1452 of 2023

6.Accordingly, the petitioners are ordered to be released on bail in the

event of arrest or on their appearance, within a period of fifteen (15) days

from the date of receipt of a copy of this order before the learned District

Munsif cum Judicial Magistrate, Kilvelur, on condition that the 1^st and 2^nd

petitioners shall execute a separate 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 and the 3^rd petitioner shall

execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with

two sureties (out of which one shall be a blood relative surety) 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 and

on further condition that:

[a] the 1^st and 2^nd petitioners are directed to deposit a sum of

Rs.15,000/- (Rupees Fifteen Thousand Only) each to the credit of

Advocate Clerks Welfare Association, Puducherry and 3^rd

petitioner is directed to deposit a sum of Rs.25,000/- (Rupees

Twenty Five Thousand Only) to the credit of Advocate Clerks

Welfare Association, Thiruvarur District, within a period of two

weeks from the date of receipt of a copy of this order and shall

produce the said receipt before the Court below.

[b]the petitioners and the sureties shall affix the