Lakshmanan v. State By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2025
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Lakshmanan ... Petitioner Vs.
State by, The Inspector of Police, Prohibition Enforcement Wing, Dharmapuri District.
Crime No.311 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.311 of 2025 on the file of respondent Police. For Petitioner :
Mr.P.M.Jayachandran For Respondent :
Mr.S.Vinoth Kumar Government Advocate (Criminal Side)
O R D E R
The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Section 4(1)(B) of TNP Act, in Crime No.311 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/5
2. The case of the prosecution is that the petitioner was found in possession of five bottles (180 ml each) of liquor. Hence, the case.
3. Heard the learned counsels on either side and perused the materials available on record.
4.Considering the fact that there is no bad antecedent against the petitioner, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory 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 his appearance, on or before 28.08.2025 before the learned Judicial Magistrate, Kariamangalam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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:
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[a] if the petitioner fails to surrender before the said Magistrate on or before 28.08.2025, this Order shall stand automatically cancelled;
[b] 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; [c] the petitioner shall report before the respondent police daily at 10.30.a.m., until further orders; [d] the petitioner shall not abscond either during investigation or trial and he shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;
[f] 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, he shall comply to the directions as may be given by the Court in this regard; [g] 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 3/5
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]; [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
19.08.2025 rpl To 1.The Judicial Magistrate, Kariamangalam.
2.The Inspector of Police, Prohibition Enforcement Wing, Dharmapuri District.
3. The Public Prosecutor, High Court of Madras.
Dr.G.JAYACHANDRAN, J.
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rpl 19.08.2025 5/5