Mohan v. State Rep.By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.29139 of 2025 1.Mohan 2.E.Nagalingam ... Petitioners

Versus

The State rep by its, The Inspector of Police, T-22 Medavakkam Police Station, Tambaram Police Commissionerate, Tambaram City.

(Crime No.147 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 their arrest in Crime No.147 of 2025 on the file of the respondent police. For Petitioners :

Mr.Ramesh Mohan For Respondent :

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

O R D E R

The petitioners, who apprehend arrest by the respondent police for the offences punishable under Section 4(1)(C) and Section 24 of TNP (Amendment) Act, 2024 in Crime No.147 of 2025 seek anticipatory bail. 2.The allegation against the petitioners is that they were involved in 1/5

supplying liquor. It is alleged that the first petitioner was running a liquor bar along with the other accused within the jurisdiction of the respondent police, and during a raid conducted by the respondent police, 24 bottles of illicit liquor were seized from the spot. Hence, the complaint. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally four accused in this case and the petitioners are ranked as A2 and A3. He further submitted that the co-accused was arrested and released on bail. Hence, he opposed for grant of anticipatory bail to the petitioners.

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

6. Considering the submissions made by the learned counsel on either side, the fact that the petitioners have no previous case against them and that the co-accused was released on bail, this Court is inclined to grant 2/5

anticipatory bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Tambaram, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only), each 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 petitioners shall report before the respondent police, everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the 3/5

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.

27.10.2025 drl To 1.The Judicial Magistrate, Tambaram.

2. The Inspector of Police, T-22 Medavakkam Police Station, Tambaram Police Commissionerate, Tambaram City.

3.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

drl 4/5

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