Kumaresan v. The State, Rep. By, The Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2025

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Kumaresan ... Petitioner Vs.

The State Rep. By, The Sub-Inspector of Police, Tiruvannamalai P.E.W. Police Station, Tiruvannamalai District - 604 601.

Crime No.52 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 his arrest in Crime No.52 of 2025 pending on the file of the respondent police.

For Petitioner :

Mr.K.Mani Kandan For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side)

O R D E R

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The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(i), 4(1)(A) of the Tamil Nadu Prohibition Act in Crime No.52 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 palm wine. Hence, the present complaint.

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. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the nature of the complaint, this Court is inclined to 2/6

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 ten days from the date of receipt of a copy of this order, before the learned 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 learned Magistrate concerned, and on further condition that:

[a] the petitioner shall deposit a sum of Rs.1,000/- (Rupees Thousand Only) in connection with Crime No.52 of 2025.

[b] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[c] 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 3/6

identity;

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

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 04.09.2025 cda 4/6

To 1.The Judicial Magistrate, Kilpennathur.

2.The Sub-Inspector of Police, Tiruvannamalai P.E.W. Police Station, Tiruvannamalai District - 604 601.

3.The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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