Vasantha v. The State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.OP.No.29463 of 2025 Vasantha ... Petitioner Vs.

The State Rep. by, The Inspector of Police, Kariyalur Police Station, Kallakurichi District.

... Respondent (Crime No.171 of 2025) Prayer: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on bail in Crime No.171 of 2025, on the file of the respondent police.

For petitioner : Mr.D.Balaji For Respondent : Mr.S.Udayakumar, Government Advocate (Crl.Side).

O R D E R

The petitioner herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(C), 4(1-A)(ii) of TNP (Amendment) Act in Crime No.171 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner along with other accused was in illegal possession of 30 litres of ID Arrack without any valid licence. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the co-accused was granted anticipatory bail by this Court in Crl.O.P.No.27320 of 2025, dated 03.10.2025 and that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl Side) would submit that the co-accused was granted anticipatory bail by this Court in Crl.O.P.No.27320 of 2025 dated 03.10.2025. He would further submit that there is no previous case pending against the petitioner. However, he opposed to grant bail to the petitioner.

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

6. Considering the facts and circumstances of the case, submissions made by learned counsels on either side, also considering the fact that the Page No.2 of 4

co-accused who is arrayed as accused No.3 and similarly placed with the petitioner is already granted anticipatory bail by this Court, the petitioner is being a lady and that the petitioner is having no previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sankarapuram, Kallakurichi District, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (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 ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] the sureties shall affix her 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 her identity; Page No.3 of 4

K.RAJASEKAR, J.

kmm [c] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of three 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. 29.10.2025 Index : Yes/No Speaking Order/Non Speaking Order kmm To

1. The Judicial Magistrate, Sankarapuram, Kallakurichi District.

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

3. The Public Prosecutor, Madras High Court.

Crl.OP.No.29463 of 2025 Page No.4 of 4