Thenmozhi v. The State Rep 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. 2983 of 2025 Thenmozhi W/o. Ashok Kumar, GRP Street,Periya Colony, Villupuram and Taluk, Villupuram District.
Petitioner(s) Vs The State Rep by, The Inspector of Police, PEW Villupuram, Villupuram District. Crime No. 10 of 2025.
Respondent(s) For Petitioner(s):
D.Balaji 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 Section 4(1)(a), r/w 4(1)(C), 4(1)(i), 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.10 of 2025, on the file of the respondent police, seeks anticipatory bail.
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2. The case of the prosecution is that the respondent police conducted a raid at Pillaiyar Koil street, Villupuram, based on received information. The petitioner along with other accused was found in possession of Blue Grape Brandy 180 ml (68 bottles) and 90 ml (150 bottles) in a two wheeler without valid licence. Hence the complaint.
3. The learned counsel for the petitioner submits that the petitioner is innocent persons and she has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that the petitioner has 25 previous cases, out of which, 19 cases has been disposed of; and that the petitioner was implicated based on the confession of the co-accused.
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5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
6. Though the petitioner has previous cases, most of the cases have been disposed of and in the remaining cases, she is on bail. Hence, considering the nature of allegation; that the petitioner has been implicated based on the confession of the co-accused, and the custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner 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 copy of this order, before the learned Judicial Magistrate No.I, Villupuram, Villupuram District, 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 Page No.3 of 6
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;
[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 Page No.4 of 6
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 To
1. The Inspector of Police, PEW Villupuram, Villupuram District.
2. The Public Prosecutor, Madras High Court, Chennai.
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SUNDER MOHAN, J.
drl 12.02.2025 Page No.6 of 6