Karunanidhi v. State Rep. By The Inspector Of Police
CRL OP NO. 4867 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 4867 of 2025 Karunanidhi S/o Ponnusamy , Mela Theru, Mangalanayagipuram Nedumpalam, Tiruthuraipoondi Taluk Tiruvarur District Petitioner(s) Vs State rep. by The Inspector of Police Thiruthuraipoondi Police Station Tiruvarur District (Crime No.77 of 2025) Respondent(s) For Petitioner(s):
Palanivel Nadimuthu For Respondent : Mr.Leonard Arul Joseph Selvam 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 Sections 4(1)(A), 4(1)(C) of the Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.77 of 2025, on the file of the respondent police, seeks anticipatory bail. Page No.1 of 5
2. The case of the prosecution is that the petitionerwas found to be in possession of 27 bottles of brandy, each weighing 180 ml. Hence the case.
3. Learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case; and that the custodial interrogation is not required in this case and hence prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, submitted that the contraband was seized from the petitioner; and that no previous case pending against him.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. Considering the nature of allegations, contraband was seized, there Page No.2 of 5
is no previous case against the petitioner, and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruthuraipoondi, on condition that each 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 conditions 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. Page No.3 of 5
[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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
24.02.2025 drl To
1. The Inspector of Police, Thiruthuraipoondi Police Station Tiruvarur District
2. The Public Prosecutor, Madras High Court, Chennai.
Page No.4 of 5
SUNDER MOHAN, J.
drl 24.02.2025 Page No.5 of 5