Devaraj v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Devaraj

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, Tirupathur PEW, Tirupathur District.

(Crime No.24 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.24 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.D.Balaji 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.24 of 2025 registered for the offence under Sections 4(1-A)((ii), Page No.1 of 5

4(1)(C) of the Tamil Nadu Prohibition (Amendment) Act, 2024. 2.The case of the prosecution is that the petitioner was found in illegal possession of 3 litters of Country Arrack. 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; that the contraband has been seized 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 contraband has been seized and that there are two previous cases pending against the petitioner.

5. Considering the nature of allegations against the petitioner and the fact that the contraband has been seized and though the petitioner has two Page No.2 of 5

previous cases, he is on bail in those cases and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is 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 Judicial Magistrate No.2, Tirupathur 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, 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 Page No.3 of 5

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 B.N.S.

18.03.2025 rkp Copy to:

1.The Inspector of Police, Tirupathur PEW, Tirupathur District.

2.The Judicial Magistrate No.2, Thirupathur District. 3.The Public Prosecutor, High Court, Madras.

SUNDER MOHAN, J.

rkp Page No.4 of 5

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