Suresh v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Suresh Petitioner Vs State represented by Inspector of Police, PEW Thiruvannamalai Police Station, Tiruvannamalai Distric.t Crime No.48/2025 Respondent PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No.48/2025 on the file of respondent and thus render justice.

For Petitioner:

Mr.R.Balakrishnan For Respondent:

Mr.Vinoth Raja Ga (crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(i) r/w 4(1)(A) TNP Amendment Act 2024, in Crime No.48 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was found to be in illegal possession of 5 liters of Toddy. Hence the case. 3.

The learned counsel for the petitioner submitted that the petitioner is innocent; that he has been falsely implicated in this case and in any case, custodial interrogation of the petitioner is not required and sought anticipatory bail.

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 submitted that the contraband were seized. 5.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6.

Taking note of the facts and circumstances of the case, the nature of allegations, the fact that the contraband has been seized and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.

Accordingly, 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 of receipt of a copy of this order, before the District Munsif-cum-Judicial Magistrate, Kilpennathur, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 everyday at 10:30 a.m., for a period of two weeks and thereafter as and when required. [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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 12-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State represented by Inspector of Police, PEW Thiruvannamalai Police Station, Tiruvannamalai Distric.t Crime No.48/2025 2.

The District Munsif-cumJudicial Magistrate, Kilpennathur. 3.

The Public Prosecutor, Madras High Court.

M.NIRMAL KUMAR J.

gbi CRL OP No. 16593 of 12-06-2025