Karuna v. The State Rep.By, The Inspector Of Police,
CRL OP NO. 7552 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 7552 of 2025
1. Karuna 2.Jagadeesan Petitioner(s) Vs The State Rep.By, The Inspector Of Police, Mambalam Police Station, Crime No.43 of 2025 Respondent(s) For Petitioner(s):
Mr. Balaji Thirumoorthy For Respondent(s):
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 24 of the Tamil Nadu Prohibition Act in Crime No.43 of 2025, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that, while the respondent Police were on regular check-up, they came to know that the Tranz Bar in Sangam Hotel, T.Nagar is open and selling liquor beyond the prescribed time limit. 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 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 prayed for anticipatory bail to the petitioners.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for the grant of anticipatory bail to the petitioners, stating that the petitioners were selling liquour at Tranz Bar in Sangam Hotel, T.Nagar beyond the prescribed time; that the petitioners have no previous cases.
5. 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 and the fact that the petitioners have no previous case; since
custodial interrogation of the petitioners are not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are 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 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,
everyday at 10:30 a.m., until further orders; [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[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 petitioners 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.
14-03-2025 msv To The Inspector Of Police, Mambalam Police Station,