Selvam v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.13163 of 2025 Selvam .. Petitioner Vs.
The State rep by The Inspector of Police, PEW - Attur, Salem District.
(Crime No.7 of 2025) .. Respondent 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 in Crime No.7 of 2025 on the file of the respondent Police For Petitioner : M/s.Camyles Gandhi W For Respondent : Mr.S.Balaji Government Advocate(Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 4(1)(a) of TN Prohibition Act in Crime No.7 of 2025, seeks anticipatory bail. Page No.1 of 6
2.
The case of the prosecution is that the petitioner was found in illegal possession of 13 nos. of Express Brandy bottles. 3.
The learned counsel appearing for the petitioner submitted that the allegations are false and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioner. 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 on instructions submitted that the contraband was seized; that petitioner has no bad antecedents.
5. At this juncture, the learned counsel for the petitioner would submit that the petitioner, without prejudice to his defence and contention, is ready and willing to deposit an amount of Rs.5,000/- as non-refundable deposit to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of anticipatory bail to the petitioner. Page No.2 of 6
6.
Considering the nature of allegations, the fact that the contraband was seized, the petitioner has no bad antecedents and since, the 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.
7.
Accordingly, considering the voluntary submission made, the petitioner is directed to make a non-refundable deposit of Rs.5,000/- [Rupees Five Thousan Only] directly to the credit of "District Legal Services Authority, Salem District" without prejudice to the right of the defence before the Trial Court, on such deposit and production of proof, 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 Learned Judicial Magistrate-I, Attur, 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 Page No.3 of 6
which, the petition for anticipatory bail shall stand dismissed and on further conditions 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 dialy 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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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 BNS.
28.04.2025 Index : Yes / No Internet : Yes / No jai Page No.4 of 6
To 1.The Inspector of Police, PEW - Attur, Salem District.
2.The learned Judicial Magistrate-I, Attur 3.The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 6
SUNDER MOHAN , J.
jai Crl.O.P.No.13163 of 2025 28.04.2025 Page No.6 of 6