Chennammal v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2025
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.23354 of 2025 Chennammal ... Petitioner Vs.
The Inspector of Police, Kariyalur Police Station, Kallakurichi District.
... Respondent (Cr.No.163 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to order the petitioner to be enlarged on anticipatory bail in the event of her arrest in Cr.No.163 of 2025 on the file of the Inspector of Police, Kariyalur Police Station, Kallakurichi District. For Petitioner :
Mr.P.Praveen For Respondent :
Mr.S.Udayakumar, Government Advocate (Crl.Side)
O R D E R
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The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Section 4(1)(c) and 4(1-A) of TNP Act, in Crime No.163 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that 6.5 litres of illicit arrack and 100 litres of fermented mixuture were seized from the house of the petitioner herein. Hence, the case.
3.The learned counsel appearing for the petitioner states that the petitioner is an innocent person and she has not committed any such offence as alleged by the prosecution. 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 reiterated the prosecution case and submitted that A1 is the husband of the petitioner herein and he is a bootlegger. On the 2/6
statement given by A1, this petitioner is arrayed as A2. He further submitted that A1 was arrested and still in prison and in so far as this petitioner/A2 is concerned, no previous cases against her. However, he opposed to grant bail to the petitioner.
5. Heard the learned counsels on either side and perused the materials available on record.
6. Considering the nature of the complaint and since custodial interrogation of the petitioner is not required, 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 her appearance, within a period of ten days (10) from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sankarapuram, Kallakurichi District on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition 3/6
for anticipatory bail shall stand dismissed and on further condition that [a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, 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 as and when required for interrogation;
[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 4/6
25.08.2025 Vv To 1.The Judicial Magistrate, Sankarapuram, Kallakurichi District
2. The Inspector of Police, Kariyalur Police Station, Kallakurichi District.
3. The Public Prosecutor, High Court of Madras.
Dr.G.JAYACHANDRAN, J.
Vv 5/6
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