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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL.OP.No. 29527 of 2025 Indhirani ..Petitioner/A2

Versus

The State Represented by The Inspector of Police PEW - Kallakurichi Police Station Kallakurichi District Crime No. 60 0f 2025.

..Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the event of his arrest a case in Crime No.60 of 2025 pending investigation on the file of the respondent. For Petitioners :

Mr.N.Raja For Respondents :

Mr.S.Udayakumar, Government Advocate (Criminal Side) --

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(C), 4(1-A)(ii) of TN Prohibition (Amendment) Act, 2024 in Crime No. 60 of 2025 on the Page Nos.1/6

file of the respondent Police, seeks anticipatory bail. 2.The allegation against the petitioner is that on 17.10.2025 at about 15.00 hours, the petitioner was found one polythene cover containing 2 litres of illicit arrack and one clay-pot containing 30 litres of fermented mixture illegally. The respondent police seized the above materials. Hence the respondent police registered a case against the petitioner and others.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case with an ulterior motive. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that the petitioner was found with 2 litres of illicit arrack and one clay-pot containing 30 litre of fermented mixture illegally He further submits that Page Nos.2/6

no previous case is pending against the petitioner. Therefore, he opposed for grant of anticipatory bail to the petitioner.

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

6. Considering the fact that the petitioner has not involved any previous case and the submissions made by the learned Counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 Judicial Magistrate, Sankarapuram, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 the date of receipt of a copy of this order, this Page Nos.3/6

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 at 10.30 am 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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

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e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 30.10.2025 MSM To 1.The Judicial Magistrate, Sankarapuram.

2.The Inspector of Police PEW - Kallakurichi Police Station Kallakurichi District Crime No. 60 0f 2025.

3.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J., MSM CRL.OP.No. 29527 of 2025 30.10.2025 Page Nos.6/6