Tamilarasan @ Tamil v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN Tamilarasan @ Tamil Petitioner/Accused No.3 Vs The State Rep By, The Inspector Of Police Krishnagiri PEW Police Station, (Cr.No 54 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.54 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)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 4(1)(C) of the 1/6

TNP Act, in Crime No.54 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitoner/A3, along with other accused were found in illegal possession of 100 litres of ID arrack. 3.

The learned counsel appearing for the petitioner/A3 would submit that the petitioner is innocent; that he has not committed any offences as alleged by the prosecution and he has been falsely implicated in this case; and that the co-accused in this case has already been granted anticipatory bail by this Court in Crl.O.P.No.9106 of 2025 dated 27.03.2025.

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 petitioner has one previous case.

5. Taking note of the facts and circumstances of the case, the nature of the allegations, submissions made by the learned counsels on 2/6

either side, the co-accused in this case was granted anticipatory bail vide order dated 27.03.2025 in Crl.O.P.No.9106 of 2025 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 is made ready, before the Judicial Magistrate No.I, Krishnagiri & 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:

[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.

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[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.

28.03.2025 dk 4/6

To 1.The Inspector Of Police Krishnagiri PEW Police Station, 2.The Judicial Magistrate No.I, Krishnagiri & District.

3.The Public Prosecutor, High Court Madras.

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SUNDER MOHAN,J.

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