P.E.Vijayakumar v. The State Rep. By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN P.E.Vijayakumar

...Petitioner/Accused-1

Vs.

State rep by The Inspector of Police, R1, Mambalam Police Station, (Crime No.44 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 482 of BNSS to enlarge the petitioner on anticipatory bail in Crime No.44 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.K.Deivanandam Manickam For Respondent :

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

ORDER

This Criminal Original Petition has been filed by the petitioner, who apprehends arrest at the hands of the respondent, seeking anticipatory bail in Crime No.44 of 2025 registered for the offence under Section 24 of the Tamil Nadu Prohibition Act, 1937.

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2.The case of the prosecution is that the petitioner was running a bar in the name of VIBE RESTO BAR; that on 23.02.2025, the petitioner along with other accused had kept open the bar beyond the permitted hours; and that the respondent had seized a liquor bottle from the bar. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case; the petitioner has no bad antecedents and since custodial interrogation of the petitioner is not required for the purpose of investigation, he sought for grant of anticipatory bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has no bad antecedents.

5. Considering the nature of allegations against the petitioner and the petitioner has no bad antecedents and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is Page No.2 of 5

inclined to grant anticipatory bail to the petitioner with certain conditions. 6.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 XVII Metropolitan Magistrate, Saidapet, Chennai on condition that the petitioner shall execute a 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 said Magistrate, on further condition that: [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, as and when required;

[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 Page No.3 of 5

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 B.N.S.

11.03.2025 rkp Copy to:

1.The Inspector of Police, R1, Mambalam Police Station 2.The XVII Metropolitan Magistrate, Saidapet, Chennai. 3.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

rkp 11.03.2025 Page No.5 of 5