Mathan Alias Mathan Mohan v. The State By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 3779 of 2025 Mathan @ Mathan Mohan Petitioner(s) Vs The State By, The Inspector Of Police Palaiyur Police Station, Mayiladuthurai District (crime No 19 Of 2025) Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in Crime No.19 of 2025, on the file of the respondent police. For Petitioner(s): Mr. U Kathiravan For Respondent(s): Mr. S. Balaji, Government Advocate (Crl. Side) 1/6

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(A) and 4(1-A)(i) of The Tamil Nadu Prohibition (Amendment) Act in Crime No.19 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that, while the respondent police were on their routine patrol duty, they found that the accused person/ A1 was in illegal possession of 650 bottles of Shield Pondy Arrack (each bottle containing 180 ml); that upon investigation, he confessed that the petitioner had supplied the said illicit arrack. Hence, this case. 3.

Learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case based on the confession of the co-accused; that the petitioner had never committed any offence as alleged by the prosecution; and that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and prayed for anticipatory bail to the petitioner. 2/6

4.

Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that the petitioner has been arrayed as A2 based on the confession of the co-accused/A1 and he has eight previous cases; and that the investigation is pending, hence opposed for the grant of anticipatory bail to the petitioner.

5.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.

6.

Taking note of the facts and circumstances of the case, considering the nature of allegation against the petitioner, submissions made by the learned counsels on either side, the fact that the illicit arrack was seized, the petitioner has been implicated only on the confession of the co-accused, the petitioner is on bail in all the other cases and since, custodial interrogation 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 3/6

in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II at Mayiladuthurai on condition that the petitioner shall execute a separate 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 petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.

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[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 [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17.02.2025 stn To

1. The State By, The Inspector Of Police Palaiyur Police Station, Mayiladuthurai District.

(Crime No. 19 Of 2025) SUNDER MOHAN, J.

stn 5/6

Crl.O.P. No.3779 of 2025 17.02.2025 6/6