Mariammal v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 3110 of 2025 Mariammal W/o.Mahendran, No.72, Venkata Mesthiri street, Broadway, Chennai, 600 001 Petitioner(s) Vs State Rep.By, The Inspector Of Police, H-1, Washermanpet Police station, (Crime No. 77 of 2025 on the file) Respondent(s) For Petitioner(s):

Ambedkumar N.S.Raja M. Vasantha Kumar For Respondent : Mr.S.Balaji Government Advocate(Crl.Side)

ORDER

The Petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 132, 296(b) of BNS, 2023 and Section 4(1)(c) of Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.77 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 Amman Koil street, Vannarapet, based on received information. The 1st accused was found in possession of 75 bottles of liquor for sale 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.The learned Government Advocate (Crl. Side) submits that the police have recovered 75 bottles of liquor from the petitioner. The petitioner has several previous cases. Hence, he opposed the grant of anticipatory bail. 5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6. Considering the nature of the allegations and custodial interrogation of the petitioner is not required for the investigation, this Court is inclined to 2/4

grant anticipatory bail to the petitioner. 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 a copy of this order, before the learned XV Metropolitan Magistrate, George Town, Chennai, 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 said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[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 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 3/4

SUNDER MOHAN , J.

rpl 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.

07.02.2025 Index : Yes / No Internet : Yes / No rpl To 1.The Inspector Of Police, H-1, Washermanpet Police station, 2.The Public Prosecutor, Madras High Court, Chennai.

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