Araseelan v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.28630 of 2025 Araseelan ... Petitioner

Versus

The Inspector of Police, Kariyalur Police Station, Kallakurichi District.

(Crime No.169 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent police in Crime No.169 of 2025 on the file of the respondent police.

For Petitioner :

Mr.A.Gowtham For Respondent :

Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

O R D E R

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 4(1)(C), 4(1-A) ii of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.169 of 2025, seeks anticipatory bail.

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2.The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 2050 kgs of melted jaggery and 1.5 liters of I.D. Arrack. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and that he has been falsely implicated in this case. He further submitted that based on the confession statement of the arrested accused/A1, this petitioner was added as an accused in this case. Hence, he prayed for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally three accused in this case and the petitioner is ranked as A2. He further submitted that the petitioner/A1 was arrested and he is in judicial custody. He further submitted that the contraband was seized from the arrested accused and the petitioner has no previous case pending against him.

5.Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

6.Considering the submissions made on both sides and the contraband 2/5

was seized from the arrested accused/A1 and that the petitioner has no previous case pending against him, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.

Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Sankarapuram, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the concerned Court, daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during 3/5

investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

17.10.2025 drl To 1.The Judicial Magistrate, Sankarapuram.

2. The Inspector of Police, Kariyalur Police Station, Kallakurichi District.

3.The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

drl CRL.O.P.No.28630 of 2025 17.10.2025 5/5