Kuppan v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.25403 of 2025 Kuppan ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Latheri Police Station, Vellore District.
(Crime No.102 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.102 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. M. Sathish Kumar For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 11.08.2025, for the offences punishable under Sections 4(1)(A), 4(1)(C) of the Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.102 of 2025, registered on the file respondent police, seeks bail. 2.
The case of the prosecution is that, while the respondent police were on their routine patrol duty, they found that the petitioner was found in illegal possession of 46 bottles of Old Chef Rum (each containing 180ml). Hence, this case.
3.
The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 4.
The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the 2/6
prosecution case and states that the petitioner has one previous case of similar nature; and that the investigation is pending. 5.
Heard both sides and perused the materials available on record. 6.
Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner, his previous antecedent, the quantity of contraband involved, this Court is inclined to grant bail to the petitioner with certain conditions.
7.
Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Katpadi, Vellore District and on further conditions that:
[a] 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; 3/6
[b] the petitioner shall report before the respondent police daily at 10.30a.m., for a period of four weeks and thereafter, as and when required for interrogation;
[c] 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];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 16.09.2025 stn 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 4/6
noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To
1. The Judicial Magistrate, Katpadi, Vellore District.
2. The Inspector of Police, Latheri Police Station, Vellore District.
(Crime No.102 of 2025)
3. The Superintendent, Central Prison, Vellore, Vellore District.
4. The Public Prosecutor, High Court of Madras.
K. RAJASEKAR, J.
stn 5/6
Crl.O.P. No.25403 of 2025 16.09.2025 6/6