← Library
Madras High CourtCRL OP/21823/2025granted

Vijayaprabha v. The State Rep. By Inspector Of Police

2025-09-11Honourable Mrs.Justice T.V.Thamilselvi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Vijayaprabha D/o. Sadaiyandi, Adaiyar Village, Tiruvannamalai Taluk, Tiruvannamalai District.

Petitioner(s) Vs The State Rep. by Inspector of Police Tiruvannamalai Taluk Police Station, Tiruvannamalai District.

(Crime No. 219/2025) Respondent(s) PRAYER To enlarge the petitioner on bail in event of her arrest in Crime No. 219 of 2025 pending investigation on the file of Respondent Police. 1/7

For Petitioner(s):

Mr. E.Sathiyaraj Elangovan For Respondent(s):

Mr.S.Udayakumar,

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(i) of Tamil Nadu Prohibition Act and 4(1)(A) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.219 of 2025 on the file of respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the respondent police along with his team conducted a search in Adaiyar Village at the went to house of petitioner, wherein they found she was in possession of 75 bottles of Bangalore brandy for the purpose of sale illegally without any valid license, however, on seeing them, the petitioner escaped from there and seized the same. Based on the alleged occurrence, the present complaint was lodged against the petitioner.

3. The learned counsel for the petitioner would submit that the petitioner is sole accused and she has been falsely implicated in this case. He would submit that she has not at all committed any offence as alleged by the respondent police and she is no way connected with the occurrence. He would 2/7

submit that the respondent police foisted the case only for statistical purpose and her name was not found place in the F.I.R. On instruction, he would further submit that without prejudice to her right and contentions, she is prepared to deposit/pay some considerable amount. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that on the date of occurrence, when the respondent police conducted a checkup at the petitioner's house and on search, they found 75 bottles of Bangalore brandy for the purpose of sale illegally, however, on seeing them, the petitioner escaped from there and 13 previous cases pending against her. He would also submit that if she is released on anticipatory bail, she will tamper the evidence and hamper the investigation. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case and also the fact that the investigation was completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial 3/7

Magistrate-II, Tiruvannamalai, on condition that the petitioner shall deposit a sum of Rs.20,000/- (Rupees twenty thousand only) as non-refundable deposit to the credit of Madras High Court Advocate Clerks Welfare Association, Chennai, A/c No. 484077244, Bank : Indian Bank, Branch : High Court. IFSC Code : IDIB000M157 within a period of two weeks from the date of receipt of copy of this order and the petitioner shall also execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which, one surety shall be blood relative of the petitioner, 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 petitioner shall report before the respondent police on alternative days at 10.30 a.m. for the period of three months.

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

4/7

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

11-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. Judicial Magistrate-II, Tiruvannamalai.

2. The Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai Dt.

3. The Public Prosecutor, High Court, Madras. 5/7

6/7

T.V.THAMILSELVI J.

rpp CRL OP No. 21823 of 11-09-2025 7/7