Unnamalai v. The State Is Represented By Its, Inspector Of Police

CRL OP NO. 411 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. 411 of 2025 Unnamalai petitioner(s) Vs The State Represented by The Inspector Of Police Thirupathur PEW Police Station, Thirupathur District.

Cr.No.635/2024 Respondent(s) For petitioner(s):

A.Bharani Chandar For Respondent(s):

S.Santhosh Government Advocate (criminal Side).

ORDER

Apprehending arrest in connection with Crime No.635 of 2024, registered for the offences punishable under Sections 4(1)(C), 4(1)(A) of The Tamil Nadu Prohibition 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 29.11.2024, during search at the petitioner's house, the respondent police seized a plastic bag containing 12 packets, each containing 180 ml of Carnival XXX Rum(Karnataka Beverages). He would further submit that there are two previous cases as against the petitioner under the I.P.C. 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 - II, Thirupathur, 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 as and when required;

[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 - II, Thirupathur.

2.The Inspector Of Police Thirupathur PEW Police Station, Thirupathur District. 3.The Public Prosecutor, High Court, Madras.

A.D.JAGADISH CHANDIRA, J.

ah CRL OP NO.411 of 2025 09.01.2025