M.Vignesh @ Vikki v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.3883 of 2025 M. Vignesh @ Vikki Petitioner(s) Vs The State Rep. by The Inspector of Police, PEW, Ulundurpet Police Station, Kallakurichi District.
(Crime No.2 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.2 of 2025 on the file of the respondent police. For Petitioner(s) : Mr. A.N. Rajan For Respondent(s) : Mr. Leonard Arul Joseph Selvam, 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)(aaa), 4(1)(h), 4(1)(b), 4(1)(i), 14(A) of TN Prohibition Act, Section 4(1)(A) of The Tamil Nadu Prohibition (Amendment) Act, 2024, Sections 318, 336, 340 and 341 of BNS in Crime No.2 of 2025, on the file of the respondent police, seeks anticipatory bail.
2.
The case of the prosecution is that, based on a secret information, the respondent police went to the spot and conducted vehicle inspection; that during the inspection, they found that the accused persons were involved in illegal transportation of 2400 brandy bottles (TN Spurious IMFL) in a lorry bearing Registration No.TN-54-Q-6753; that during investigation, on the confession of arrested accused/A1, it is revealed that the petitioner also involved in the aforesaid offence. 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 2/6
case, based on the confession of the co-accused; that the petitioner had never committed any offence as alleged by the prosecution; that the coaccused was granted anticipatory bail by this Court vide order dated 07.02.2025 in Crl.O.P.No.3043 of 2025; 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. 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 A5 in this case; that the petitioner has 8 previous cases, out of which 3 cases of similar in nature; and that the investigation is pending, hence opposed for 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.
3/6
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 petitioner was implicated only on the confession of the co-accused, the petitioner is on bail in all the other cases, the fact that the contraband was seized from the arrested accused, the fact that the co-accused was granted anticipatory bail and since custodial interrogation of the petitioner is not required for the purpose of investigation, 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Ulundurpet 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: 4/6
[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.
[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]. 5/6
SUNDER MOHAN, J.
stn [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 28.02.2025 stn To The Inspector of Police, PEW, Ulundurpet Police Station, Kallakurichi District.
(Crime No.2 of 2025).
Crl.O.P. No.3883 of 2025 6/6