Vijayalakshmi v. The State Rep. By, Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Vijayalakshmi ... Petitioner/Accused Vs.

State rep by its Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.

(Crime No.257 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.257 of 2025 on the file of the respondent police. For Petitioner :

Mr.E.Sathiyaraj For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 27.07.2025, for the offences punishable under Sections 4(1)(C) r/w 4(1-A)(ii) of 1/6

Tamil Nadu Prohibition (Amendment) Act, 2024 in connection with Crime No.257 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 11 bottles of Indian Made Foreign Liquor. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she is no way connected in the alleged offence. 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. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner has got three previous cases. In all three previous cases, investigation completed, charge sheet filed and the same are yet to be taken on file.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the facts and circumstances of the case, submissions made by the learned counsel on either side and 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 her 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 Judicial Magistrate No.I, Tiruvannamalai District, 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, everyday at 10.30 a.m. for a period of three weeks, thereafter as and when required for interrogation;

[c] the petitioner shall make herself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause 3/6

any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, she shall comply to the directions as may be given by the Court in this regard;

[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. 07.08.2025 rsi 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 Judicial Magistrate No.I, Tiruvannamalai District.

2.The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.

3.The Superintendent, Special Prison for Women, Vellore.

4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

rsi 07.08.2025 6/6