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Madras High CourtCRL OP/20888/2025granted

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

2025-09-09Honourable Mrs.Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. SUBRAMANI S/o.Yuvaraj, No.5, Avvai Nagar, Tirupathur, Tirupathur District.

Petitioner(s) Vs

1. State Rep. by The Inspector of Police, Prohibition Enforcement Wing, Tirupathur, Tirupathur District.

(Crime.No.140/2025) Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest in Crime.No.140/2025 pending investigation on the file of the respondent and thus render Justice. For Petitioner(s):

Thulasi R A.Ajay

T.Madhanraj P.Agnes Samantha Ophelie For Respondent(s):

Mr. S. Udayakumar, Government Advocate (Crl. Side)

ORDER

This petition has been filed to enlarge the petitioner on bail in the event of his arrest in Crime.No.140/2025 pending investigation on the file of the respondent.

2.

The case of the prosecution is that the petitioner has illegally smuggled I.D arrack. Hence, FIR has been registered under Section 4 (1) (A), 4(1)(c ) of the Tamil Nadu Prohibition Act, 2024. Hence, the case.

3. Heard both sides.

4. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate - II,

Thirupathur, on condition that the petitioner shall execute a separate 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and 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 petitioners shall report before the respondent police on every Saturday at 10.30 a.m., for a period of three months. Further, the petitioners shall deposit a sum of Rs.15,000/- to the credit of Registered Advocate Clerks Welfare Association, Tirupathur District.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS.

09-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Judicial Magistrate - II, Thirupathur.

2. The Inspector of Police, Prohibition Enforcement Wing, Tirupathur, Tirupathur District.

3. The Public Prosecutor, High Court, Madras 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.

T.V.THAMILSELVI J.

CRL OP No. 20888 of 09-09-2025