Moorthy v. State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 2907 of 2025 Moorthy S/o Molaghu,, Elangunni Village, Chengam Taluk, Thiruvannamalai District, Petitioner(s) Vs State By, The Inspector of Police, PEW Chengam Police Station, Thiruvannamalai District, Crime No.03 of 2025 Respondent(s) For Petitioner(s):
Silambu Selvan S For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(i), 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.03 of 2025, on the file of the respondent police, seeks anticipatory bail. Page No.1 of 6
2. The case of the prosecution is that the petitioner was found to be in illegal possession of 26 brandy bottles each containing 180 ml, in his house. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is a law abiding citizen and ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, submitted that the petitioner has 5 previous cases are pending against him.
5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.5,000/- as non-refundable deposit to Page No.2 of 6
any welfare scheme of the Government or any other organization. Hence, he prayed for grant of anticipatory bail to the petitioner.
6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
7. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non refundable deposit to "District Legal Services Authority, Tiruvannamalai", without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.
8. Considering the nature of allegation; though the petitioner has five previous cases, in all the cases, he has been released on bail; the entire contraband was seized; and that custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner Page No.3 of 6
with certain conditions.
9. Accordingly, the petitioner is directed to make a non-refundable deposit of Rs.5,000/- directly to the credit of "District Legal Services Authority, Tiruvannamalai", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of copy of this order, before the learned Judicial Magistrate, Chengam, on condition that the petitioner shall execute a bond for 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] 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;
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[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 Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala reported in [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
12.02.2025 drl Page No.5 of 6
SUNDER MOHAN, J.
drl To
1. The Inspector of Police, PEW Chengam Police Station, Thiruvannamalai District
2. The Public Prosecutor, Madras High Court, Chennai.
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