Egambaram v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HON'BLE M R.JUSTICE K.RAJASEKAR Egambaram ... Petitioner Vs.

The State represented by, The Sub-Inspector of Police, PEW Cheyyar Police Station, Tiruvannamalai.

(Crime No.140 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No.140 of 2025 on the file of respondent police. For Petitioner :

Mr.R.Srinath 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 Section 4(1)(i) TN Prohibition Act Section 4(1)(A) Tamil Nadu Prohibition (Amendment) 2024, in Crime No.140 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/5

2. The allegation against the petitioner is that the petitioner was selling a prohibited item, namely 180 ml of McBrandy-26. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submitted that no previous case is pending against the petitioner. However, he opposed the grant of anticipatory bail to the petitioner.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the nature of offence, and the fact that property already seized and since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate , Cheyyar, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: 2/5

[a] if the petitioner fails to surrender before the said Magistrate, 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 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; [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.

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1.The Judicial Magistrate, Cheyyar.

2. The Sub-Inspector of Police, PEW Cheyyar Police Station, Tiruvannamalai.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

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