Sathiya v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Sathiya
...Petitioner/A2
Vs The State Rep By, The Inspector Of Police Tirupathur Taluk Tirupathur District.
(Cr.No 102 of 2025)
...Respondent/Complainant
Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest on connection with Crime No.102 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mr.D.Balaji For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side) 1/6
ORDER
The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1-A)(ii), 4(1)(C) of the TNP (Amendment) Act, in Crime No.102 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.
The case of the prosecution is that the petitioner/A2, along with other accused, illegally transported 3 liters of country arrack through a bike bearing Reg.No.TN 83 MB 1201. Hence, the case. 3.
The learned counsel appearing for the petitioner/A2 would submit that the petitioner is innocent and she has been falsely implicated in this case; and that the petitioner was sought to be implicated on the confession of the co-accused and hence sought for anticipatory bail to the petitioner.
4.
The 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 submitted that the 2/6
petitioner has eleven previous cases.
5. Taking note of the facts and circumstances of the case, the nature of allegations, submissions made by the learned counsels on either side, the petitioner was implicated based on the confession of the co-accused, the fact that though the petitioner has some previous cases, she is on bail in all 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 her appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Judicial Magistrate No.II, Tirupathur, Tirupathur District 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
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[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.
[b] the petitioner shall report before the respondent police every day 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.
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To
1. The Inspector of Police, Tirupathur Taluk, Tirupathur District.
2.The Judicial Magistrate No.II, Tirupathur, Tirupathur District.
3.The Public Prosecutor, High Court Madras.
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SUNDER MOHAN,J.
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