Subash v. The State Rep By Its, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Subash S/o.Murugan, No.77, Samuthiram Colony, Tiruvannamalai Town, Tiruvannamalai District.

Petitioner(s) Vs The State Rep by its, The Sub Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.

Cr.No.291/2025.

Respondent(s) PRAYER To enlarge the petitioner on bail in Cr.No.291/2025 pending investigation on the file of the respondent.

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For Petitioner(s):

Mr. E.Sathiyaraj For Respondent(s):

Mr.A.Gopinath, Govt. Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 24.08.2025 for the alleged offences under Sec. 8(c) r/w 20(b)(A) of NDPS Act and Sec.4(1)(C) r/w 4(1-A)(ii) of Tamil Nadu Prohibition (Amendment) Act, 2024 , in Crime No.291 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 24.08.2025, when the respondent police conducted a checkup at Samuthiram Colony at the house of petitioner, wherein they found he was selling liquor to a person, however, on seeing them, they tried to escape from there and they caught hold of him. On search, they have found he was in possession of 11 bottles of Mclane Brandy and 30 grams of ganja for the purpose of sale illegally without having valid license and seized the same. Accordingly, the complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted that he was falsely implicated in this case as if he was found in possession of 11 bottles of Mclane brandy and 30 grams of ganja. He would submit that he is in custody for more 2/6

than 18 days from 24.08.2025 and he is an innocent person and he has not at all committed any offence as alleged by the respondent police. He would submit that he is no way connected with the said occurrence and there is no role of the petitioner in the alleged offence. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that he is arrayed as sole accused and one previous case pending against the petitioner. He would also submit that if he is released on bail, he 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 24.08.2025, 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 registered Advocates Clerks Association, 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 3/6

sureties, in which one surety must be a blood surety for a like sum to the satisfaction of the Judicial Magistrate-I, 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 every Saturday 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 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 Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 11-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. Judicial Magistrate-1, Tiruvannamalai Dt.

2.The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai.

3. The Superintendent of Prison, Sub-Jail, Tiruvannamalai. 4.The Public Prosecutor, High Court, Madras 5/6

T.V.THAMILSELVI J.

rpp CRL OP No. 24880 of 11-09-2025 6/6