S.Pramila v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-02-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 2727 of 2025 S.Pramila W/o.Selvam, No.47, 2nd Street, Rajamangalam, Villivakkam, Chennai-600 049.

Petitioner(s) Vs The State Rep by, The Inspector of Police, V4, Rajamangalam Police Station, Chennai-600 049. Cr.No.523/2024.

Respondent(s) For Petitioner(s):

Praveen Kumar P For Respondent(s):

Mr.S.Santhosh, Government Advocate (Criminal Side)

O R D E R

Apprehending arrest in connection with Crime No.523 of 2024 registered for the offences punishable under Sections 4(1)(a) & 4(1-A) of the Tamil Nadu Prohibition 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/A2, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that this is the third application for anticipatory bail filed by the petitioner. He also submits that the petitioner, aged about 52 years, is a destitute lady and she was implicated in this case only based on the confession statement recorded from the first accused. He further submits that the first accused in this case has already been enlarged on bail by this Court in Crl.O.P.28867 of 2024 dated 19.11.2024.

3. He further submits that even as per the prosecution, in the previous case registered against the petitioner, the allegation against her is that she was involved in selling the liquor bottles and also submits that the petitioner has not involved in illegal distillery. He also 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. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.

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4. 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 were found to be in illegal possession of 66 bottles (each 180ml) of TASMAC liquor without any valid license. He further submits that one previous case of similar nature is pending against the petitioner. He also submits that this is the third bail application of the petitioner before this Court.

5. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the "The Dean, Rajiv Gandhi Government General Hospital, Chennai, bearing A/c. No.10273425961, State Bank of India, Park Town (Chennai), 68, Evening Bazaar Road, Chennai, IFSC:SBIN0001856" without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

6. 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 anticipatory bail to the Page No.3 of 6

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 XIII Metropolitan Magistrate, Egmore, Chennai - 600 008, 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 10.30 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 Page No.4 of 6

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 B.N.S.

07.02.2025 ham To The Inspector of Police, V4, Rajamangalam Police Station, Chennai-600 049. Page No.5 of 6

A.D.JAGADISH CHANDIRA , J.

ham CRL OP NO. 2727 of 2025 07.02.2025 Page No.6 of 6