Vijayan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 698 of 2025 Vijayan S/o.Natarajan No.76, Maangkuppam Street, Aandaiyarpalayam, Pondicherry -605 108.
Petitioner(s) Vs The State Rep by The Inspector of Police, Villupuram Taluk Police Station, Villupuram District. Cr.No.2/2025.
Respondent(s) For Petitioner(s):
U Yuvaraj For Respondent(s):
S.Santhosh Government Advocate (criminal Side), Madras High Court.
ORDER
Apprehending arrest in connection with Crime No.2 of 2025 registered for the offences punishable under Sections 4(1)(a), 4(1)(C), 4(1)(i), 4(1)(A), 14A of TNP Act, the present petition has been filed by the petitioner seeking anticipatory bail.
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2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the petitioner is the owner of the liquor shop and based on the confession of the co-accused that the liquor packets were brought from the petitioner's shop, he was implicated in this case. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this court.
3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the accused were found to be in illegal possession of 53 packets of liquor, each containing 100 ml. He would submit that the petitioner has got two previous cases. He would further submit that there was no recovery from the petitioner.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. 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 and accordingly, he is ordered to be Page No.2 of 4
released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Villupuram, on condition that the petitioner shall execute 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, 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 their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police everyday at 06.30 p.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.
A.D.JAGADISH CHANDIRA , J.
Anu Page No.3 of 4
[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.
27.01.2025 Anu To 1.The Judicial Magistrate No.I, Villupuram
2. The Inspector of Police, Villupuram Taluk Police Station, Villupuram District Page No.4 of 4