Vishwanathan v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Vishwanathan S/o. Ramaiya, No.18A, Madhagam Arasur, Avudaiyar Kovil Taluk, Tiruvakkudi, Yembal,Pudukkottai District.

Petitioner(s) Vs State Rep. by The Inspector of Police Sulur Police Station, Coimbatore District.

Crime No.919 of 2025.

Respondent(s) PRAYER To enlarge the petitioners on bail in the event of his arrest in Crime No.919 of 2025 pending investigation on the file the respondent police. For Petitioner(s):

Mr. M N Balakrishnan For Respondent(s):

Mr.S.Udayakumar, Govt. Advocate (Crl. Side) 1/6

ORDER

The petitioner, who apprehends arrest in the hands of respondent police for the alleged offence under Sections 4(1)(B) and 5(A) of Tamil Nadu Prohibition Act and Sec.77 of Juvenile Justice Act in Crime No.919 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of prosecution is that on 02.10.2025, when the respondent police were on patrol duty, they intercepted the petitioner and other accused, on search, the respondent police said to have found that he along with other accused said to have found in selling IMFL liquor consisting 355 liquor bottles of various brands illegally without any valid license and the same was seized by them. Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner submitted that he is an innocent person, he is no way connected with the offence and he has not committed any of offence as alleged by the respondent police. He would also submit that he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. On instruction, he would further 2/6

submit that without prejudice to his right and contentions, he is prepared to deposit/pay some considerable amount. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that he is arrayed as A1 and totally there are two accused involved in this case . He would also submit that if he is released on anticipatory bail, he would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances and the fact that the investigation is almost completed, 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judcial Magistrate Court, Sulur, on condition that the petitioner shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) as non-refundable deposit to the credit of 3/6

registered Advocates Clerks Association, Coimbatore and he shall also execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety, 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, failing which, the petition for anticipatory bail shall stand dismissed 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 respondent police on every Sunday at 10.30 a.m. for the period of three months.

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

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the Magistrate/ Trial Court is entitled to take appropriate action 4/6

against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the 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 229-A IPC.

13-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To 1.The Judicial Magistrate Court, Sulur.

2.The Inspector of Police, Sulur Police Station, Coimbatore Dt. 3.The Public Prosecutor, High Court, Madras 5/6

T.V.THAMILSELVI J.

rpp CRL OP No. 31183 of 13-11-2025 6/6