Manimaran v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR MANIMARAN S/o.Mohan, No.100, Jothiyammal Nagar 6th Cross Street, Shenoy Nagar, Chennai 600 030 Petitioner(s) Vs
1. State rep. by The Inspector of Police k-6, T.P.Chathiram Police Station, Chennai.
Respondent(s) PRAYER To enlarge the petitioner on bail in Crime NO.118 of 2025 onn the file of the Inspector of Police, K-6, T.P. Chathiram Police Station, Chennai. For Petitioner(s):
Mr.R.Muthukumar For Respondent(s):
Mr.Leonard Arul Joseph Selvam Govt Advocate (crl Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 01.05.2025, for the offences punishable under Sections 4(1)(C) and 4(1)(A) of Tamil Nadu Prohibition (Amendment) Act, in connection with Crime No.118 of 2025, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner was found in illegal possession of 98 brandy bottles each containing 180 ml and cash for Rs.1,000/-. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 01.05.2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner was in illegal possession of 98 brandy bottles each containing 180 ml and cash for Rs.1,000/-, and he was
arrested on 01.05.2025. He further submitted that there are four previous cases pending against him.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on her executing a separate 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 V Metropolitan Magistrate, Egmore, Chennai, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;
[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation;
[c] the petitioner shall make themselves available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
14.05.2025 asi/uma 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 the official website of this Court will be watermarked and will also have a QR code.
To 1.The Inspector of Police k-6, T.P.Chathiram Police Station, Chennai.
2. The V Metropolitan Magistrate, Egmore, Chennai.
3. The Public Prosecutor, High Court of Madras.
4. The Central Prison, Puzhal, Chennai.
M.NIRMAL KUMAR J.
asi/uma 14-05-2025