Saravanan v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 11180 of 2025 Saravanan Petitioner(s) Vs State Represented by, The Inspector of Police, Villupuram West Police Station, Villupuram District.

(Crime No.77 of 2025) Respondent(s) For Petitioner(s) : Mr.G.Tamilselvan For Respondent(s) : Mr.S.Balaji, Government Advocate (Criminal Side) PRAYER To enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent in Crime No.77 of 2025 on the file of the Respondent.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 4(1)(a), 4(1)(i) of TNP Act r/w 4(1)(C), 4(1)(A), 14(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.77 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1 / 5

2. The case of the prosecution is that, the petitioner/accused were found to be in illegal possession of 140 bottles (each 180 ml) of brandy.

3. Learned counsel appearing for the petitioner submits that the allegations are false; that the petitioner is sought to be implicated based on the confession of the co-accused and prayed for anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions, confirmed that the petitioner was implicated in this case based on the confession statement recorded from A1; and that there are four previous cases against the petitioner and he is on bail in those cases.

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. Taking note of the facts and circumstances of the case, nature of allegations, the fact that the petitioner is sought to be implicated based on confession of co-accused and the petitioner is on bail in previous cases and since, 2 / 5

custodial interrogation is not required 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.I, Villupuram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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; [d] the petitioner shall not abscond either during investigation or trial;

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SUNDER MOHAN J.

drl [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 16-04-2025 To

1. The Inspector of Police, Villupuram West Police Station, Villupuram District.

2. The Public Prosecutor, High Court, Madras.

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CRL OP No. 11180 of 2025 5 / 5