BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Eleven PRESENT THE HON`BLE MR.JUSTICE C.S.KARNAN CRL OP(MD) No.13399 of 2011 1. KALIMUTHU 2. KUMAR ... PETITIONER/ACCUSED NO.1 & 2 Vs THE SUB INSPECTOR OF POLCIE MIMISAL POLICE STATION, PUDUKOTTAI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. T.LENIN KUMAR Advocate For Respondent : MR.A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused Nos.1 & 2 pray for the grant of bail under Section 439 Cr.P.C. for the alleged offence punishable under Section 4(1) (a) read with 4(1) (A) of TNP Act in Crime No.117 of 2011 on the file of the respondent-Police. 2. Heard Mr.T.Lenin Kumar, Learned counsel appearing for the petitioners and also Mr.A.RAmar, Learned Government Advocate (Criminal side) appearing for the State. 3. Learned counsel for the petitioners submit that the petitioners have been arrayed as A1 & 2 and they have been arrested on 26.09.2011 for the alleged offence under Sections 4(1)(a) read with 4(1)(A) of TNP Act. It is submitted by the learned counsel for the petitioners that the allegation against the petitioners are that they were found in possession of 48 bottles of IMFL Brandy Viz., Mc Dowell's Brandy (each contains 180 ml). It is further submitted that the petitioners have not involved in any other similar offence. 4. Learned Government Advocate (Crl.side ) submits that the petitioners were found in possession of 48 bottles of IMFL Brandy Viz., Mc Dowell's Brandy (each contains 180ml). He further submits that the entire contraband were already seized and the petitioners have not involved in any other offence of similar nature. 5. It is seen that the petitioners have been arrayed as A1 and A2 and the allegation against the petitioners is that the petitioners were found https://hcservices.ecourts.gov.in/hcservices/ in possession of 48 bottles of IMFL Brandy Viz., Mc Dowell's Brandy (each contains 180ml). It is also relevant to note that the entire contraband were seized. In view of the fact that the petitioners have not involved in any other offence of similar nature and he is undergoing incarceration right from 26.09.2011, this Court is constrained inclined to grant bail to the petitioners. 6. Accordingly, the petitioners are directed to be enlarged on bail on each of them executing a bond for a sum of Rs.10,000/- with two sureties, each for a likesum to the satisfaction of the Judicial Magistrate, Aranthangi, Pudukkottai District and on further condition that the petitioners shall appear before the respondent police as if when required for the purpose of interrogation. sd/- 04/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE, ARANTHANGI, PUDUKKOTTAI DISTRICT. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI. 3. THE OFFICER IN CHARGE, SUB JAIL, ARANTHANGI. 4. THE SUB INSPECTOR OF POLCIE, MIMISAL POLICE STATION, PUDUKOTTAI DISTRICT. 5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. T.LENIN KUMAR Advocate SR.No.34728 SR : 04.10.2011 : 2p/7c ORDER IN CRL OP(MD) No.13399 of 2011 Date :04/10/2011 https://hcservices.ecourts.gov.in/hcservices/