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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN Madhuraj Petitioner Vs The State Rep By The Inspector of Police PEW Dharmapuri Police Station, Dharmapuri District.

(Crime No.740 of 2024) Respondent Prayer:

Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner/Accused on anticipatory bail in the event of arrest in Crime No. 740 of 2024 pending on the file of the respondent police.

For Petitioner :

Mr.J.Pradeep For Respondent :

Mr.S.Santhosh, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 4(1)(B) of the Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.740 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that, the petitioner was running a Dhaba and was found in possession of 4 bottles of brandy each containing 90ml.

3.

Learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case; that the petitioner has no bad antecedents and prayed for anticipatory bail for the petitioner.

4.

Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has no bad antecedents.

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, nature of allegations, submissions made by the learned counsels on either side, the

fact that the contraband were seized, the fact that the petitioner has no bad antecedents and since, custodial interrogation 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 Court, Palacode 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, and on proof of payment of deposits, 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.

SUNDER MOHAN, J.

vca [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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.

04.03.2025 vca To 1.The Inspector of Police PEW Dharmapuri Police Station, Dharmapuri District.

(Crime No.740 of 2024) 2.The Judicial Magistrate Court, Palacode 3.The Public Prosecutor, High Court Madras.