Sathiyamoorthy v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA Sathiyamoorthy, S/o. Mayakannan, No.20, Puthu Nagar, Mannatipattu Village, Puducherry - 605 507.
Petitioner(s) Vs State Rep.By, The Inspector Of Police Mailam Police Station, Villupuram District.
Cr.No.23/2025 Respondent(s) For Petitioner(s): Mr.K.Sasindran For Respondent(s): Mr.S.Santhosh, Government Advocate, (Crl.side).
ORDER
Apprehending arrest in connection with Crime No.23 of 2025 registered for the offences punishable under Sections 4(1)(a), r/w 4(1)(i), 4(1)(C) and 4 (1-A) of the Tamil Nadu Prohibition (Amendment) Act 2024, the present petition has been filed seeking anticipatory bail. Page No.1 of 5
2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. The petitioner has no way connected with the alleged offence as alleged by the prosecution. Further, he submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. Therefore, he prays that anticipatory bail be granted to the petitioner. 3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, submitted that the petitioner is arrayed as A3. The 50 polythene packets of liquor, each weighing around 100 ml, were found in possession of the accused/A1 and A2. Furthermore, he stated that there are no previous cases pending against 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. Accordingly, the petitioner are ordered to be released on bail in the event of arrest or Page No.2 of 5
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.II, Tindivanam, on condition that the petitioner shall execute separate 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 said Magistrate, on further condition that:
[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent Police daily at 10:30 A.M., until further orders;
[c] the petitioner shall not tamper with evidence or witness either during the investigation or during the trial; [d] the petitioner shall not abscond either during the investigation or during the trial;
[e] On breach of any of the aforesaid conditions, the Page No.3 of 5
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 were 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
23-01-2025 klt To 1.The Inspector Of Police Mailam Police Station, Villupuram District.
Cr.No.23/2025 A.D. JAGADISH CHANDIRA, J.
Page No.4 of 5
klt CRL OP NO.1469 of 2025 23.01.2025 Page No.5 of 5