Selvaraj v. State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2025
CORAM
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Selvaraj, M/A 47 years, s/o Ramasam ......Petitioner Vs.
State rep. by The Inspector of Police, P.E.W. City Police Station, Coimbatore District. (Crime No. 115 of 2025).
... Respondent PRAYER: Criminal Original Petition filed under Section 482 of B.N.S.S., 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.115 of 2025 pending investigation on the file the respondent police For Petitioner : Mr.R.Parthiban For Respondent : Mr. A.Gopinath Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 4(1)(A), 4(1)(C) of TNP 1/6
(Amendment) Act 2024 and 24 of TNP Act in in Crime No.115 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that when the respondent police were on regular patrol duty, the petitioner along with other accused were found to be in illegal possession of 168 liquor bottles. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner has nothing to do with the alleged offence and no contraband was seized from this petitioner and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that no previous case is pending against the petitioner and he opposed for grant of anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) appearing for the respondent. 2/6
6. Taking into consideration the facts and circumstances of the case and also considering the submissions made by the counsels on either side, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, this petition is 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-II, Coimbatore 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 learned Magistrate concerned and on further condition that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the concerned Magistrate/Judge 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.5,000/- (Rupees five thousand only) as non-refundable deposit either 3/6
through RTGS/NEFT/cash/demand draft in favour of the Dean, Stanley Government Medical College and Hospital, Chennai, bearing A/c. No.39219285071, State Bank of India, Old Jail Road, Stanley Hospital, IFSC:SBIN0001476, without prejudice to his defence before the trial Court and the concerned Magistrate/Judge after perusing the challan/receipt, shall accept the sureties furnished by the petitioner; [c] the petitioner shall report before the concerned Magistrate/Judge on every Monday to Friday at 10.30 a.m. and further report before the respondent police on every Saturday and Sunday at 10.30.a.m. until further orders. [d] the petitioner shall not abscond either during investigation or trial;
[e] the petitioner shall not tamper with evidence or witness 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 51340];
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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
21.05.2025 mst 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 Judicial Magistrate - II, Coimbatore.
2. The Inspector of Police, P.E.W.City Police Station, Coimbatore District.
3.The Public Prosecutor, High Court of Madras.
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N.SENTHILKUMAR ,J.
mst 21.05.2025 6/6