Malarkodi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2025
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Malarkodi ... Petitioner Vs.
The State represented by, The Inspector of Police, H-8, Thiruvottiyur Police Station, Chennai - 600 019.
(Crime No.108 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of her arrest by the respondent police concerned in Crime No.108 of 2025, on the file of the respondent police. For Petitioner :
Mr.M.Vinoth For Respondent :
Mr.S.Santhosh Government Advocate (Crl.Side) Page No.1 of 5
O R D E R
Apprehending arrest in connection with Crime No.108 of 2025 registered for the offences punishable under Sections 4 (1-A) & 24 of TNP Act and Section 296 (b), 132 & 351 (2) of BNS, the present petition has been filed seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioner is innocent and no way connected with the offence and has been falsely implicated in this case. He also submits 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 putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the petitioner was found to be in illegal Page No.2 of 5
possession of 300 bottles of brandy has been kept in the Bar without any license with an intention to sell the same to the public in higher price. He further submits the petitioner has no previous case against her. 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, she is ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Thiruvottriyur on condition that the petitioner shall execute a bond for a sum of Rs.
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[b] the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of two weeks, thereafter as and when required for interrogation;
[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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 absconds, a fresh FIR can be registered under Section 269 of BNS.
29.01.2025 av Page No.4 of 5
A.D.JAGADISH CHANDIRA , J.
av 29.01.2025 Page No.5 of 5