Vijaya v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.10270 of 2025 Vijaya ... Petitioner/Accused Vs.

The State represented byThe Inspector of Police, E-5, Foreshore Estate Police Station, Chennai.

(Crime No.100 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.100 of 2025 pending investigation on the file of the respondent Police. For Petitioner : Mr.P.Sundara Rajan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 21.03.2025, seeking bail in Crime 1/5

No.100 of 2025 registered for the offence under Sections 41(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024.

2. The case of the prosecution is that the petitioner was found in illegal possession of 41 Tasmac Bottles. Hence the case. 3.Learned counsel appearing for the petitioner submitted that the allegations against the petitioner are false; that the contraband has been seized from the petitioner and that the petitioner is in custody from 21.03.2025 and hence prayed for grant of bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner is a history sheeter and that there were eight previous cases pending against her and the said cases have been disposed of.

5. Considering the nature of allegations, period of incarceration, the fact that the contraband has been seized and though the petitioner had eight previous cases, the same have been disposed of and since further custody of the petitioner 2/5

is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai.

[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, daily 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 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 3/5

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.

07.04.2025 rkp To

1. The XXIII Metropolitan Magistrate, Saidapet, Chennai. 2.The Inspector of Police, E-5, Foreshore Estate Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

rkp Crl.O.P.No.10270 of 2025 07.04.2025 5/5