Mathiyalagan v. State Rep.By, The Inspector Of Polie
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Mathiyalagan ... Petitioner(s) /Accused Vs.
State represented by The Inspector of Police, Harur Police Station, Dharmapuri District.
... Respondent(s)/ Complainant Crime No.176 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with Crime No.176 of 2025 on the file of the respondent police.
For petitioner(s) : Mr.J.Pradeep For Respondent(s) : M/s.J.R.Archan 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 12.04.2025, seeking bail Page No.1 of 7
in Crime No.176 of 2025 registered for the offences under Section 4(1)(C) r/w Section 4(1-A)(ii) of TNP Act.
2. The case of the prosecution is that the petitioner was found in illegal possession of 30 Government Liquour Bottles. Hence the complaint.
3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and is in judicial custody from 12.04.2025. He would submit that the contraband has been seized. He would further submit that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.10,000/- , to any welfare scheme of the Government or any other organization. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the Page No.2 of 7
contraband has been seized and that the petitioner has no bad antecedents.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non-refundable deposit, to the credit of Manolaya, Home for Mentally Ill Destitute, Bank Name: Indian Overseas Bank, Branch: Kottaram, IFSC Code: IOBA0000253, Account Name: Manolaya, Account No.025302000000284, UPI ID: 6379484925@okbizicici, Gpay:9443307196, without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.
7. Further, considering the nature of allegations, the period of incarceration undergone by the petitioner, the fact that the contraband was seized, the petitioner has no bad antecedents and since further custody of Page No.3 of 7
the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
8. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate Court, Harur, and on further conditions that: [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, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with Page No.4 of 7
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 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. 08.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Page No.5 of 7
Internet: Yes/No skr/dpa Page No.6 of 7
L.VICTORIA GOWRI, J.
skr/dpa Note:
1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this court will be watermarked and will also have a QR code.
To
1. The Inspector of Police, Harur Police Station, Dharmapuri District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Judicial Magistrate Court, Harur.
4. The Superintendent of Prison, Sub-Jail, Harur.
08.05.2025 Page No.7 of 7