Mahavishnu v. State By,The Inspector Of Police
SUNDER MOHAN.
J., This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.
2. The learned counsel appearing for the petitioner submitted that on 03.03.2025, this Court had granted bail to petitioner herein in Crl.O.P.No.5854 of 2025. However, in the order, the offence is wrongly mentioned as 4(1)(a) read with 4(1)(A) of TNP Amendment Act, 2024 instead of 4(1)(i) read with 4(1)(A) of TNP Amendment Act, 2024 Thus, he prayed for suitable directions.
3. Considering the submissions made by the learned counsel for the petitioner, Registry is directed to issue order copy afresh forthwith, by amending paragraph No.1 of the order as follows:
"This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 13.02.2025, seeking bail in Crime No.32 of 2025 registered for the offence under Sections 4(1)(i) read with Section 4(1)(A) of TNP Amendment Act, 2024."
05.03.2025 Issue order copy today.
Upload order copy forthwith ars 1/6
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Mahavishnu ... Petitioner Vs.
The State represented by, The Inspector of Police, Vettavalam Police Station, Tiruvannamalai District.
(Crime No.32 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.32 of 2025, pending investigation on the file of the respondent Police. For Petitioner : Mr.S.Silambuselvan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 13.02.2025, seeking bail in Crime No.32 of 2025 registered for the offence under Sections 4(1)(a) read with Section 4(1)(A) of TNP Amendment Act, 2024.
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2. The case of the prosecution is that the petitioner was found to be in illegal possession of 8 bottles of brandy bottles ( each containing 180 ml). Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is in custody from 13.02.2025 and since the contraband has been seized, the petitioner may be released on bail.
4. Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and submitted that petitioner has 28 previous cases, out of which 20 cases have been disposed and in other cases, petitioner is on bail.
5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6. Considering, the fact that the contraband has been seized; period of incarceration; petitioner is on bail in other cases; and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the 3/6
petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsiff Cum Judicial Magistrate, Kilpennathur. [a] 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 abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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];
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
03.03.2025 Sma To
1. District Munsif Cum Judicial Magistrate, Kilpennatur.
2. The Inspector of Police, Vettavalam Police Station, Tiruvannamalai District.
3. The Superintendent, Central Prison, Vellore.
4. The Public Prosecutor, High Court of Madras.
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SUNDER MOHAN., J.
Sma 03.03.2025 6/6