Mohan v. State By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2025
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Mohan ... Petitioner Vs.
State rep by:- The Inspector of Police, Harur Police Station, Dharmapuri District.
(Crime No.340 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on bail in Crime No.340 of 2025 on the file of the respondent police. For Petitioner :
Mr.Camyles Gandhi For Respondent :
Mr.A.Gopinath Government Advocate (Crl.side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 26.07.2025 for the alleged offence under Sections 4(1)(c) r/w. 4(1-A) (ii) of TNP Act, in Crime No.340 of 2025, on the file of the respondent police, seeks bail. 1/5
2. The case of the prosecution is that the petitioner has found in possession of 17 bottles of Government IMFL Liquor, each containing 180 ml. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration from 26.07.2025. 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 (Crl.Side) appearing for the respondent police opposed the grant of bail to the petitioner and submitted that 17 bottles of Government IMFL Liquor, each containing 180 ml, were seized from the petitioner. He further submitted that the petitioner is having 14 previous cases, in which 8 cases are similar in nature, and the investigation is almost completed in this case.
2/5
5. Taking into consideration the facts and submissions made by both counsels, the investigation is almost completed, and also considering the period of incarceration undergone by the petitioner, 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 Advocates Clerks Association, Dharmapuri, and on such deposit, the petitioner is ordered to be released on bail on executing a bond 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, Harur, 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 a 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 3/5
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; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
11.09.2025 rri To 1.The Judicial Magistrate, Harur.
2.The Inspector of Police, Harur Police Station, Dharmapuri District.
3. The Superintendent of Jail, Sub-Jail, Harur. 4.The Public Prosecutor, High Court of 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.
4/5
T.V.THAMILSELVI , J.
rri 11.09.2025 5/5