V Babu v. The State Rep By Its Inspector Of Police,
CRL OP NO. 426 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 426 of 2025 V.Babu petitioner(s) Vs The State Represented by The Inspector Of Police Mamallapuram PEW Police Station, Chengalpattu District.
Respondent(s) For petitioner(s):
Siddartha Ramarajan For Respondent(s):
S.Santhosh Government Advocate (criminal Side).
ORDER
Apprehending arrest in connection with Crime No.768 of 2024, registered for the offences punishable under Sections 4(1)(B) and 4(1)(aa) of TN Prohibition (Amendment) Act 2024, the present petition has been filed seeking anticipatory bail.
2.Pleading innocence on the part of the petitioner, false implication in this case, the learned counsel for the petitioner seeks indulgence of this court. He would submit that he is innocent and no way connected with this case. He would further submit that he is ready to abide by any stringent condition that may be imposed by this Court.
3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that on 22.12.2024, on secret information, the respondent police inspected a bus travelling from Mamallapuram to Koyambedu, during search they seized 96 Old Monk XXX Bottles in the bus. A1 and A2 were waiting in the Koyambedu for collecting the contraband. The petitioner herein is A3 and he is the supplier of the contraband. He would further submit that there is no previous case as against the petitioner.
4.Having heard the learned counsel for the petitioner, and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.
5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Tirukalukundram, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intend to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further
condition that:
[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks, thereafter on every Saturday at 10.30 a.m., until further orders; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
09-01-2025 ah To 1.The Judicial Magistrate, Tirukalukundram.
2.The Inspector Of Police Mamallapuram PEW Police Station, Chengalpattu District.
3.The Public Prosecutor, High Court, Madras.
A.D.JAGADISH CHANDIRA, J.
ah CRL OP NO.426 of 2025 09.01.2025