Arulpandiyan v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HON'BLE DR. JUSTICE G. JAYACHANDRAN Arulpandiyan ... Petitioner/ Accused No.2 Vs.

The State Represented by, The Inspector of Police, Thandrampet Police Station, Tiruvannamalai District.

(Crime No.172 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 connection with Crime No.172 of 2025 on the file of respondent Police.

For Petitioner : Mr. S. Silambu Selvan For Respondent : Mr. S. Vinoth Kumar Government Advocate (Crl.Side) ****** 1/6

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(i), 4(1)(A) of TNP Act in Crime No.172 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on 04.08.2025 at about 03:30PM, while the respondent police were on their routine patrol duty, they found two persons were in illegal possession of 100 bottles of brandy bottles in a car bearing Registration No.TN-25-BE-9156 and on seeing the police, the petitioner fled away from the scene of occurrence, but the respondent police have arrested A1 and based on his confessions, the petitioner has been implicated in this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case based on the confession of the co-accused and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any 2/6

conditions that may be imposed by this Court and sought for anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for granting anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the petitioner has no previous antecedents and the investigation is pending.

5. Heard the learned counsels and perused the materials available on record.

6. Considering the fact that the petitioner has no previous antecedents, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 02.09.2025 before the learned Judicial Magistrate, Thandrampet on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 3/6

Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] if the petitioner fails to surrender before the concerned Magistrate on or before 02.09.2025, 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] 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 4/6

SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 21.08.2025 stn To

1. The Judicial Magistrate, Thandrampet.

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

(Crime No.172 of 2025).

3. The Public Prosecutor, High Court of Madras.

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Dr. G. JAYACHANDRAN, J., stn 21.08.2025 6/6