Revathi @ Ravathi v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2025 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.12620 of 2025 Revathi @ Ravathi ... Petitioner

Versus

The State Rep by, The Inspector of Police, Mylapore Police Station, Mylapore.

Crime No.230 of 2025. ... Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS Act, to enlarge the petitioner on bail in the event of his arrest in Crime No.230 of 2025 on the file of the respondent police.

For petitioner : Mr.R.Sathya Raj For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 4(1)(C) r/w 4(1)(A) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.230 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 50 bottles of brandy. 3.Learned counsel appearing for the petitioner submitted that the petitioner/A2 is innocent; that he has been falsely implicated in this case; the petitioner is sought to be implicated based on the confession of the coaccused; that co-accused/A1 was arrested and released on bail and hence prayed for anticipatory bail.

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 confirms the fact that the main accused/A1 was arrested and released on bail; that the contraband was seized; that there are five previous cases against the petitioner and he is on bail in those cases.

5. Heard both sides and perused the materials available on record.

6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsel on either side, the fact that the contraband has been seized, the petitioner is on bail in previous cases and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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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 Metropolitan Magistrate Court No.18, Saidapet, 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 is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the "District Legal Services Authority, Chennai", without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of his guilt.

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

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SUNDER MOHAN J.

drl [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;

[f] 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25.04.2025 drl To

1. The Inspector of Police, Mylapore Police Station, Mylapore.

2. The Public Prosecutor, High Court of Madras, Chennai.

Crl.O.P.No.12620 of 2025 4/4