Sangeerthanan v. State Rep By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.27815 of 2025 Sangeerthanam ... Petitioner/ Accused Vs The State Rep. By, The Inspector of Police, PEW - Mamallapuram, Chengalpet District.
(Crime No.284 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent in Crime No.284 of 2025 on the file of the respondent police.
For Petitioner : Mr. L. Ramu For Respondent : Mr. S. Udayakumar Government Advocate (Crl.Side) ****** 1/6
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)(B) Tamil Nadu Prohibition (Amendment) Act, 2024 r/w Section 5 of TNP Act in Crime No.284 of 2025 on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that on 27.09.2025, while the respondent police were on their patrol duty near Mamallapuram, Othavadai Street, they found the petitioner, who is the owner of FLIPFLOP Restaurant was involved in illegal sales of liquor (3 beer bottles, 1 empty 750ml bottle of whiskey, 3 empty bottles and 1 piper scotch) in his restaurant. Hence, this case.
3. The learned counsel appearing for the petitioner submitted that the petitioner was falsely implicated in this case, he has not involved in the above said offence. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioner.
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4.
The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioner reiterated the prosecution case and submitted that the petitioner has no previous antecedents; and that the investigation of this case is pending.
5. Considering the facts and circumstances of this case, nature of allegation, the petitioner has no previous antecedents and since custodial interrogation of the petitioner is not necessary for the purpose of investigation, 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, within a period of fifteen days from the date on which the order copy made ready, before the learned District Cum Judicial Magistrate Court at Thirukazhukumdram 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: [a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen days from 3/6
the date on which the order copy made ready, 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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13.10.2025 stn To
1. The District Cum Judicial Magistrate Court, Thirukazhukundram.
2. The Inspector of Police, PEW - Mamallapuram, Chengalpet District.
(Crime No.284 of 2025)
3. The Public Prosecutor, High Court of Madras.
K. RAJASEKAR, J.
stn 5/6
Crl.O.P. No.27815 of 2025 13.10.2025 6/6