Elumalai v. The State Represented By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Elumalai ... Petitioner Vs.

The State represented by, Inspector of Police, PEW Cheyyar, Tiruvannamalai District.

(Crime No.3 of 2025).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail, in Crime No.3 of 2025, pending before the respondent Police. For Petitioner :

Mr.A.Anbharasu For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.3 of 2025 registered for the offences punishable under Section 4(1)(i) Tamil Nadu Prohibition Act r/w.4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024, is on board for consideration.

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2. The incarceration of the petitioner being from 15.01.2025 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner is in no way connected with the alleged offence, however, he is ready to abide by any stringent condition that may be imposed by this Court. He further submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.5,000/- to any welfare scheme of the Government or any other organization.

3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the accused was found to be in illegal possession of 35 TASMAC liquor bottles (each 180 ml), with an intention to sell the same to the public in higher price. He further submits that one previous case of similar nature is pending against the petitioner.

4. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5000/- (Rupees Five Thousand only) to the credit of the "District Legal Services Authority, Tiruvannamalai District", without prejudice to the right of defence before the trial Court and making it clear that it would not amount to admission of guilt. 2/4

5. Further, having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Cheyyar, Tiruvannamalai District, and on further conditions that:

[a] 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 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 3/4

A.D.JAGADISH CHANDIRA.,J.

ham 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 B.N.S.

30.01.2025 ham To

1. The Judicial Magistrate, Cheyyar, Tiruvannamalai District,

2. The Inspector of Police, PEW Cheyyar, Tiruvannamalai District.

3. The Superintendent, Vandavasi Sub Jail, Tiruvannamalai

4. The Public Prosecutor, High Court of Madras.

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