Pichaiymmal v. The State Rep. By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.5059 of 2025

1. Pichaiymmal

2. Unnamalai Petitioner(s) Vs The State Rep. By Its The Inspector Of Police Pew, Kallakurichi Police Station, Kallakurichi District. Crime No.310 Of 2024.

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.310 of 2024, on the file of the respondent police. For Petitioner(s) : Mr. B. Sridhar For Respondent(s) : Mr. Leonard Arul Joseph Selvam, Government Advocate (Crl. Side) 1/6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(C) and 4(1-A)(ii) of TNP Act in Crime No.310 of 2024, on the file of the respondent police, seek anticipatory bail.

2.

The case of the prosecution is that, based on a secret information, the respondent police went to the spot and found that the accused persons were in possession of 200 liters of ID arrack; that upon enquiry, it revealed that the petitioners were involved in the aforesaid offence. Hence, this case.

3.

Learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case; that the petitioners had never committed any offence as alleged by the prosecution; and that the petitioners are 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 2/6

prayed for anticipatory bail to the petitioners. 4.

Learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that the petitioners have no previous cases; and that the investigation is pending, hence opposed for grant of anticipatory bail to the petitioners.

5.

Heard the learned counsel for the petitioners 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 petitioners, submissions made by the learned counsels on either side, the fact that the petitioners are ladies, they have no previous cases and since custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 3/6

7.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sankarapuram, Kallakurichi District on condition that the petitioners 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 petitioners 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 petitioners shall report before the respondent police as and when required for the interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. 4/6

[d] the petitioners 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 petitioners 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S. 25.02.2025 stn To

1. The State Rep. By Its The Inspector Of Police Pew, Kallakurichi Police Station, Kallakurichi District.

Crime No.310 Of 2024 5/6

SUNDER MOHAN, J.

stn Crl.O.P. No.5059 of 2025 25.02.2025 6/6