Saratha, v. The State Rep By Its Sub -Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Saratha, W/o. Gopal, No.4, Thiyagi Annamalai Nagar, Tiruvannamalai Town, Tiruvannamalai District.
Petitioner(s) Vs The State Rep by its Sub -Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai District. (Crime No.
460/2025) Respondent(s) PRAYER To enlarge the petitioner on bail in Crime No. 460/2025 pending investigation on the file of the respondent.
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For Petitioner(s):
Mr. Sathiyaraj E.
For Respondent(s):
Mr.A.Gopinath, Govt. Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 25.08.2025 for the alleged offence under Sections 4(1)(C) r/w 4(1-A)(ii) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.460 of 2025 on the file of the respondent police, seeks bail.
2. The case of prosecution is that on 25.08.2025 while the respondent police was on regular checkup at Thiyagi Annamalai Nagar, they intercepted the petitioner, but on seeing them, she tried to escape from there and they caught hold of her. On search of the house of petitioner, the respondent police said to have found the petitioner was in possession of 11 bottles of moniter brandy illegally without any valid license and the same was seized by them. Hence, the complaint was registered against the petitioner.
3. The learned counsel appearing for petitioner submitted that she is an innocent person, she is no way connected with the offence and she has not committed any of offence as alleged by the respondent police. He would also 2/6
submit that she has been falsely implicated in this case and she will abide by any condition that may be imposed by this court. He would also submit that the petitioner has been suffering incarceration for more than 16 days from 25.08.2025. On instruction, she would further submit that without prejudice to his right and contentions, she is prepared to deposit/pay some considerable amount. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that she is arrayed as sole accused and on interception, the respondent police found her in possession of 11 bottles of moniter brandy and she is having 16 previous cases. He would also submit that if she is released on bail, she would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioner.
5. Considering the facts and circumstances and the fact that the investigation is almost completed and considering the period of incarceration undergone by the petitioner from 25.08.2025, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) as non-refundable deposit to the credit of 3/6
registered Advocates Clerks Association at Tiruvannamalai, and on such deposit, the petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Tiruvannamalai, and on further conditions that::
(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioner shall report before the respondent police on alternative days at 10.30 a.m. for the period of three months.
(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d) the petitioner shall not abscond either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the 4/6
Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 10-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To 1.The Judicial Magistrate No.II, Tiruvannamalai. 2.The Sub-Inspector of Police, Tiruvannamalai Police Station, Thiruvannamalai Dt.
3. The Superintendent of Prison, Special Prison for Women, Vellore. 4.The Public Prosecutor, High Court, Madras Note :-
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the Official Website of this Court will be watermarked and will also have a QR Code.
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T.V.THAMILSELVI J.
rpp CRL OP No. 24598 of 10-09-2025 6/6