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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL.O.P.No.14465 of 2025 Sivanraj ... Petitioner

Versus

State Rep by The Inspector of Police, Perambur Police Station, Mayiladuthurai District.

Crime No.62 of 2025.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.62 of 2025 pending on the file of the respondent police.

For petitioner :

Mr.U.Kathiravan For Respondent :

Dr.C.E.Pratap, Government Advocate (Crl. Side) ********* 1/6

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 4(1)(A) of Tamilnadu Prohibition Act, in Crime No.62 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were found to be in illegal possession of 110 litres of illicit pondy arrack.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.1,00,000/-, 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. Hence, he prays for grant of anticipatory bail.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the contraband 2/6

was seized and that the petitioner has no bad antecedents.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice his rights, on his own volition, is ready and willing to contribute some amount to any charitable trust as may be directed by this Court and he prays to grant anticipatory bail to the petitioner.

6. Heard both sides and perused the materials available on record including the First Information Report.

7. Considering the arguments from both sides, the nature of the offence, co-accused has been released on bail and considering the fact that the petitioner without prejudice his rights, on his own volition, is ready and willing to contribute some amount to any charitable trust and also considering other relevant aspects, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

8. Accordingly, this Criminal Original Petition stands allowed and the petitioner is ordered to be released on anticipatory 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 3/6

No.II, Tharangambadi, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each, with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall make a non-refundable deposit of Rs. 1,00,000/- (Rupees One Lakh only) to the credit of Ray of Light Foundation, Account No: 50100078904233, HDFC Bank, Habibullah Road, T.Nagar, Chennai, IFSC Code: HDFC0001864, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

(b) the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.

[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 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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

08.05.2025 rna Note to Registry:

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 the official website of this Court will be watermarked and will also have a QR code.

To 1.The Inspector of Police, Perambur Police Station, Mayiladuthurai District.

2.The Public Prosecutor, High Court, Madras.

3.The Judicial Magistrate No.II, Tharangambadi. 5/6

L.VICTORIA GOWRI, J.

rna Crl.O.P.No.14465 of 2025 08.05.2025 6/6