Raman v. The State Rep.By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.01.2025

CORAM

THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN CRL OP.No.1051 of 2025 Raman ... Petitioner Vs State rep. by its The Inspector of Police, PEW, Attur Police Station Salem District.

(Crime No.829/2024) ... Respondent PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S Act 2023 praying to grant anticipatory bail to the petitioner/sole Accused in Crime No.829 of 2024 on the file of the respondent police. For Petitioner : Mr. B.Sridhar For Respondent : Mr. S. Santhosh Government Advocate (Criminal side).

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ORDER

The petitioner stands accused in Crime No.829 of 2024 on the file of the respondent for the offences punishable under Sections 4(1)(C), 4(1-A) (ii) of Tamil Nadu Prohibition Act and seeks anticipatory bail.

2. The case of the prosecution is that when the respondent and his team were on their regular patrol duty, they found that the accused was in possession of 130 litres of ID arrack. Hence the case.

3. The learned counsel for the petitioner would contend that the petitioner is no way connected with the alleged offence and has been falsely implicated in this case only for the statistical purpose. He further submitted that there is no previous case as against him and hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that there is no previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner. 2/6

5. Considering the rival submissions on either side, considering the nature of offences, considering the fact that there is no previous case pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Attur, Salem 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 learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police daily at 10 a.m. for a period of one month and thereafter as and when required for interrogation.

[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of 3/6

the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [c] the petitioner shall not leave India without the previous permission of the Court;

[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 2023.

17.01.2025 mst/smn To 1.The Judicial Magistrate No.I, Attur, Salem.

2. The Public Prosecutor, High Court, Madras. 4/6

3. The Inspector of Police, PEW, Attur Police Station, Salem District. 5/6

G.R.SWAMINATHAN,J mst/smn 17.01.2025 6/6