Jayasundar v. The State Rep. By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Jayasundar .. Petitioner Vs.
State rep by The Inspector of police PEW- Periyapalayam Police Station Tiruvallur Crime No.86 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in Crime No. 86 of 2025 on the file of the respondent police. For Petitioner : Mr.K.Karthik For Respondent :
Mr.R.Vinoth Raja Government Advocate (Crl.side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 08.07.2025, for the offence punishable under Sections 4(1-A) of Tamil Nadu Prohibition Act in Crime No. 86 of 2025, registered on the file of the respondent, seeks bail.
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2. The case of the prosecution is that when the respondent police was on regular patrol duty, the petitioner was found to be in illegal possession of 28 bottles of liquor each containing 180ml. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 08.07.2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.side) appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner was arrested on 08.07.2025. He submits that there are five previous cases pending against the petitioner. Hence, he strongly opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record .
6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, considering 2/6
the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on 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 Court, Uthukottai and on further conditions that: [a] 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 identity; [b] the petitioner shall report before the respondent police daily at 10.30 am., until further orders.
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[f] 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];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.07.2025 nr Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
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To
1. The District Munsif cum Judicial Magistrate Court, Uthukottai
2. The Inspector of police PEW- Periyapalayam Police Station Tiruvallur
3. The Superintendent, Sub-Jail, Tiruvallur.
4. The Public Prosecutor, High Court, Madras.
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M.NIRMAL KUMAR, J.
nr 24.07.2025 6/6