Tamilarasan v. The State, Rep. By, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 10422 of 2025 Tamilarasan Petitioner(s) Vs The State Represented by, The Sub Inspector of Police, Thiruverkadu Police Station, Tiruvallur District.

(Cr.No.195 of 2025) Respondent(s) For Petitioner(s):

Mr.A.J.Magendiraverman For Respondent(s): Mr.S.Balaji, Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 4(1)(B) of the Tamil Nadu Prohibition (Amendment) Act and 24 of the Tamil Nadu Prohibition Act, in 1 / 4

Crime No.195 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 156 bottles, worth Rs.23,000/-.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent; and that the co-accused/A1 and A2 were already granted bail. Therefore, he prayed for anticipatory bail for the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and on instructions submitted that the property has been recovered and that there are one previous case against the petitioner, and he is on bail in other case.

5. Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.

6. Considering the nature of allegations; the fact that the co-accused were granted bail; the property has been seized, the petitioner is on bail in other cases; and since custodial interrogation of the petitioner is not required 2 / 4

for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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.II, Poonamallee, 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 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;

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; 3 / 4

SUNDER MOHAN J.

drl [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.

drl 08-04-2025 To

1. The Sub Inspector of Police, Thiruverkadu Police Station, Tiruvallur District.

2.The Public Prosecutor, High Court, Madras.

CRL OP No. 10422 of 2025 4 / 4