Sarmin Kishore v. State Rep By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.09.2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.25518 of 2025 Sarmin Kishore ... Petitioner Vs.
State rep. by Inspector of Police, PEW - Ooty Police Station, The Nilgiris District.
... Respondent (Cr.No.229 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 Cr.No.229 of 2025 on the file of the respondent police. For Petitioner : Mr.J.Franklin For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 4(1)(C), 4(1)(A) and 24 of Tamil Nadu Prohibition Act in Crime No.229 of 2025, on the file of the respondent Police, seeks anticipatory bail.
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2. The case of the prosecution is that the first accused was working in a Tasmac bar, run by the petitioner/A2. On 09.08.2025, A1 was caught by the respondent police and was found in possession of 26 bottles each 180 ml and cash of Rs.500/-. A1 confessed that, the petitioner purchased the liquor bottles from another liquor shop and gave them to A1 to sell at higher price. Hence the case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.side) appearing for the respondent police, reiterated the prosecution case and submitted that no previous case is pending against this petitioner. Hence, he opposed for grant of bail to the petitioner.
5. Considering the facts and circumstances of the case, submissions made by learned counsels on either side, also considering the fact that this petitioner is having no previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/6
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Gudalur on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:
(a) If the petitioner fails to surrender before the concerned Magistrate, within a period of fifteen days from the date of receipt of a copy of this order, 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 10.30am for a period of two weeks and thereafter, as and when required for interrogation;
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K.RAJASEKAR , J.
kmm [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. 17.09.2025 kmm To
1. The Judicial Magistrate, Gudalur
2. The Inspector of Police, PEW - Ooty Police Station, The Nilgiris District.
3. The Public Prosecutor, High Court of Madras.
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