Vadivubal @ Vadivukarasi v. State By 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.23325 of 2025 Vadivubal @ Vadivukarasi ... Petitioner Vs.

State by, The Inspector of Police, Villupuram Town Police Station, Villupuram District.

... Respondent (Cr.No.208 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of her arrest, pending investigation in Cr.No.208/2025 on the file of the Villupuram Town Police Station. For Petitioner :

Mr.D.Ashok Kumar For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl.Side) 1/6

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)(a) of the Prohibition Act, 4(1)(c) of The Tamil Nadu Prohibition (Amendment) Act, 2024 and u/s 112 of BNS Act in Crime No.208 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 20 litres of Pondy Arrack in 20 pockets, each containing 200 ml. Hence, the case. 3.The learned counsel appearing for the petitioner submitted that the recovery was made only from A1, whereas, this petitioner on the statement given by the first accused been implicated in the crime. 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 Distributor of the illicit arrack and he has used to sell the arrack 2/6

through A2 to A4. A5 in this case is the supplier of the illicit arrack. He further submitted that there is no previous case against this petitioner/A2. 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 fact that nothing was recovered from the petitioner and he has no antecedent 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-I, Villupuram 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 3/6

learned Magistrate concerned, failing which, the petition 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 daily at 10.30a.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 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];

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25.08.2025 Vv To 1.The Judicial Magistrate-I, Villupuram

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

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

Vv Crl.O.P.No.23325 of 2025 25.08.2025 6/6