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Madras High CourtCRL OP/18138/2025granted

Tamilmani v. State Rep.By, Inspector Of Police,

2025-07-14Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K. ILANTHIRAIYAN Tamilmani ... Petitioner

Versus

State rep. by Inspector of Police, Keevalur Police Station, Nagapattinam District.

(Cr.No.396 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of her arrest in connection with Crime No.396 of 2025 on the file of respondent Police.

For Petitioner : Mr.K.Pragadeesh Kumar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) *****

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 4(1)(A) of the Tamilnadu Prohibition (Amendment) Act, 2024 in Crime No.396 of Page No.1 of 6

2025, on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was found in illegal possession of 110 litres of pon arrack. 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 further submitted that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.15,000/- to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that there is no previous case pending against the petitioner and opposed for grant of anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case and also taking note of the fact that the petitioner had come forward to deposit an amount of Rs.15,000/-(Rupees Fifteen Thousand only), by way of Demand Draft to the Arignar Anna Memorial Cancer Hospital & Page No.2 of 6

Research Institute, Kancheepuram, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) by way of Demand Draft to the Arignar Anna Memorial Cancer Hospital & Research Institute, Kancheepuram and on such deposit the petitioner is ordered to be released on anticipatory bail on his executing 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 learned District Munsif cum Judicial Magistrate, Kilvelur, and on further conditions that:- [a] 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 deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) by way of Demand Draft to the Arignar Anna Memorial Cancer Hospital & Research Institute, Kancheepuram and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond; [c] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of thirty days; Page No.3 of 6

thereafter as and when required for interrogation; [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 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

14.07.2025 rap To

1. The District Munsif cum Judicial Magistrate, Kilvelur.

2. The Inspector of Police, Page No.4 of 6

Keevalur Police Station, Nagapattinam District.

3. The Public Prosecutor, High Court, Madras.

G.K. ILANTHIRAIYAN , J.

rap Page No.5 of 6

14.07.2025 Page No.6 of 6