1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Friday, the Twenty First day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13849 of 2011 M. MAHENDRAN :PETITIONER / ACCUSED NO.2 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING MELUR, MADURAI DISTRICT. CR NO. 214/2011. :RESPONDENT / COMPLAINANT For Petitioner : M/S. M.SUBASH BABU, Advocate For Respondent : MR.K.S.DURAIPANDIAN, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. ORDER:The Court Made the following order:- Apprehending arrest, at the hands of the respondent police, the petitioner, who is the accused No.2 in Crime No.214 of 2011 on the file of the respondent police for the alleged offence punishable under sections 4(1)(aaa) of Tamil Nadu Prohibition Act, 1937, has come forward with this petition seeking anticipatory bail. 2.According to the case of the prosecution, the first accused was found in possession of 595 bottles of illicit liquor in the shop, bearing S.Nos.51/1213, 189/1, Melakallanthiri Village, Madurai North. Only in the confession statement of the first accused, it is stated that the present accused gave the bottles. 3.The learned counsel for the petitioner produced a lease deed to show that the shop is only in exclusive occupation of the first accused. The petitioner is the owner of the same. He has nothing to do with the offence. He further submitted that the petitioner is not responsible for possession of bottles by the first accused in the shop. 4.I have considered the above submissions. Though the genuineness of the documents needs to be looked into, for the purpose of considering the grant of anticipatory bail, I am of the view that on the basis of the document produced, it can be concluded that the petitioner is not in occupation of the shop https://hcservices.ecourts.gov.in/hcservices/ 2 and the said shop is in the occupation of the first accused as a tenant. Hence, I am inclined to grant anticipatory bail to the petitioner. 5.Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Madurai, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent police every day at 10.30 a.m. for a period of four weeks. The petitioner shall comply with the condition stipulated under section 438 Cr.P.C scrupulously. sd/- 21/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO: 1.The Judicial Magistrate No:II, Madurai. 2.-Do- Thro' The Chief Judicial Magistrate, Madurai. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, Prohibition Enforcement Wing Melur, Madurai District. +1. CC to M/S. M.SUBASH BABU Advocate SR.No.36812. RP/29.10.2011/2P/6C. ORDER IN CRL OP(MD) No.13849/11 Date :21/10/2011. https://hcservices.ecourts.gov.in/hcservices/