Thirupathi v. The State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.24150 of 2025 Thirupathi ... Petitioner Vs.

State Rep by The Inspector of Police, PEW Chengam Police Station, Tiruvannamalai District.

... Respondent (Cr.No.80 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioner in the event of his arrest in Cr.No.80 of 2025 pending investigation on the file of the respondent police.

For Petitioner :

Mr.E.Sathiyaaj Elangovan For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl.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)(i) ofTN Prohibition Act 4(1)(A) of Tamil Nadu Prohibition (Amendment) Act 2024 in Crime No.80 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/5

2. The prosecution case is that the petitioner was found in possession of 25 bottles of TASMAC liquor, which he had sold in the open market at a higher price for his personal gain. Hence, the case . Hence, the case

3. The learned counsel appearing for the petitioner states that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. 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 there is no previous case against the petitioner. 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 nature of the crime and the submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

2/5

7. Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/- [Rupees Five Thousand Only] to the credit of Crime No.80 of 2025 before the trial Court and on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 19.09.2025, before the learned Judicial Magistrate, Chengam, Tiruvannamalai 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, 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 on or before 19.09.2025, 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;

3/5

[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 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 03.09.2025 Vv To 1.The Judicial Magistrate, Chengam.

2. The The Inspector of Police, PEW Chengam Police Station, Tiruvannamalai District.

3. The Public Prosecutor, High Court of Madras.

4/5

Dr.G.JAYACHANDRAN, J.

Vv Crl.O.P.No.24150 of 2025 03.09.2025 5/5