Pavunkumar Kasilingam v. The State Rep By Its,

P.DHANABAL,J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 4(1)(h) and 4(1-A) (ii) of Tamil Nadu Prohibition Act, 1937, in Crime No.569 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 15.07.2024, the petitioner was found in illegal possession of 22 nos. of Brandy Bottles each 180 ML, in a TVS Scooty Pep Scooter. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed to grant anticipatory bail to the petitioner stating that the petitioner was found illegally transporting 22 nos. of Brandy Bottles. However, he submitted that there is no previous case against the petitioner.

5. Considering the submissions of both sides and the quantity of materials involved in this case and also of the fact that there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate-I, Tiruvannamalai, 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 report before the respondent police on every Saturday at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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 v. State of Kerala 2/4

[(2005) AIR SCW 5560].

[e] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the B.N.S 23.08.2024 ksa-2 To 1.The Judicial Magistrate-I, Tiruvannamalai. 2.The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras-600 104. 3/4

P.DHANABAL,J.

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