A. Sweetsan v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN A.Sweetsan ... Petitioner Vs.

The State Rep by its, the Inspector of Police, Chetpet Police Station Thiruvannamalai District.

(Crime No.267 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 arrest in connection with Crime No.267 of 2025 on the file of the Inspector of Police, Chetpet Police Station, Thiruvannamalai District, pending investigation. For Petitioner :

Mr.S.B.Viswanathan For Respondent :

Mr.S.Udayakumar 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) and 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.267 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in possession of 11 numbers of 180ML Express Brandy bottles. Hence, the case.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police while opposing for granting anticipatory bail to the petitioner, reiterated the prosecution case.

4. Heard the learned counsels on either side and perused the materials available on record.

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5. Considering the fact that the petitioner has got one previous case against him, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 12.09.2025 before the learned Judicial Magistrate's Court, Polur, Thiruvannamalai 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 learned Magistrate concerned and on further condition that: [a] the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the credit of Crime No.267 of 2025 on the file of the Judicial Magistrate's Court, Polur, Thiruvannamalai District, on or before 12.09.2025;

[b] if the petitioner fails to surrender before the concerned Magistrate on or before 12.09.2025, this Order shall stand automatically cancelled;

[c] the sureties shall affix their photographs and Left 3/6

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;

[d] the petitioner shall report before the respondent police as and when required;

[e] 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];

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

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To 1.The Judicial Magistrate's Court, Polur, Thiruvannamalai District.

2.The Inspector of Police, Chetpet Police Station Thiruvannamalai District.

(Crime No.267 of 2025) 3.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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