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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR CRL OP NO.17002 of 2025 Ramani Petitioner Vs The State Rep By The Inspector of Police Sunkuvarchatram Police Station, Kancheepuram District.

(Crime No.200 of 2025) Respondent Prayer:- Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on anticipatory bail in the event of arrest in Crime No.200 of 2025 pending on the file of the respondent police.

For Petitioner : Mr.S.N.Subramani For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 4 (1) (C) and 4 (1-A) (ii) of the Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.200 of 2025, on the file of the respondent police, seeks anticipatory bail. Page No.1 of 6

2.The case of the prosecution is that, the petitioner was found in illegal possession of 26 brandy bottles. Hence the case. 3.The contention of the learned counsel for the petitioner is that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that the custodial interrogation of the petitioner is not required. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that petitioner was found in possession of 26 brandy bottles. He further submitted that petitioner has no bad antecedents. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record.

6.Considering the nature of the allegations, the fact that petitioner Page No.2 of 6

has no bad antecedents and since, custodial interrogation of the petitioner is not required, 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 her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sriperumbudur, 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 learned Magistrate concerned, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. Page No.3 of 6

The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

[c] the petitioner shall report before the respondent as and when required for interrogation;

[d] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner shall make himself available for interrogation by a Police office as and when required; [f] 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; [g] the petitioner shall not abscond either during investigation or trial;

[h] 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];

Page No.4 of 6

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

17.06.2025 ep Page No.5 of 6

M.NIRMAL KUMAR, J.

ep To:

1.The Inspector of Police Sunkuvarchatram Police Station, Kancheepuram District.

2.The Judicial Magistrate, Sriperumbudur 3.The Public Prosecutor, High Court Madras.

CRL OP NO.17002 of 2025 17.06.2025 Page No.6 of 6