Babu v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.25094 of 2025 Babu ... Petitioner/A1 Vs.

State rep by The Inspector of Police, Tirupathur Taluk, Tirupathur District.

... Respondent (Cr.No.255 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Cr.No.255 of 2025 on the file respondent police.

For Petitioner :

Mr.D.Balaji 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 Sections 4(1)(C), 4(1)(A) of Tamil 1/6

Nadu Prohibition (Amendment) Act in Crime No.255 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The petitioner apprehends arrest for the alleged illegal possession of 17 bottles of Carnival xxx Rum each containing 180 ml and 12 bottles of Bangalore Rum each containing 90 ml and 30 bottles of Old Secret xxx Rum, each containing 90 ml.

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. 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 anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that there no previous case against the petitioner. 2/6

5. Considering the said fact, 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 30.09.2025, before the learned Judicial Magistrate - II, Tirupathur, Tirupathur District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 fail to surrender before the concerned Magistrate on or before 30.09.2025, 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 3/6

respondent police everyday at 10.00 a.m., until further orders;

[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. 15.09.2025 smv 4/6

To 1.The Judicial Magistrate-II, Tirupathur.

2. The Inspector of Police, Tirupathur Taluk, Tirupathur District.

3. The Public Prosecutor, High Court of Madras.

5/6

Dr.G.JAYACHANDRAN, J.

smv Crl.O.P.No.25094 of 2025 15.09.2025 6/6