Jaishima v. The State By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33808 of 2025 Jaishima Petitioner Vs The State Represented by The Inspector of Police, Thally Police Station, Krishnagiri District.
Crime No.262 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.262 of 2025 on the file of the respondent police. For Petitioner:
Mr.P.M.Jayachandran For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody
on 02.11.2025 for the alleged offence punishable under Sections 4(1), (B) of TNP Act, in Crime No.262 of 2025 on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that he joined hands with other accused was found in possession of 83 liters of Karnataka liquor. Hence, a complaint was lodged and the petitioner was arrested for the said offences.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case. He further submitted that the co-accused was released on bail by this Court and that the petitioner is in judicial custody since 02.11.2025. Hence, he prayed to grant bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that there are totally three accused in this case and the petitioner is ranked as A1. He further submitted that the petitioner has four previous cases and that the property was recovered. He further submitted that the investigation is still pending. Hence, he opposed to grant bail to the petitioner.
5. Considered the submissions made by the learned counsel on
either side, the property was seized, though the petitioner has four previous cases and the co-accused was released on bail by this Court in Crl.OP.No.33183 of 2025 dated 04.12.2025 and considering the period of his incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Denkanikottai and on further conditions 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 daily at 10.30 a.m., for a period of two weeks.
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during 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 petitioner in accordance with law as if the 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)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
19.12.2025 drl Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The District Munsif cum Judicial Magistrate, Denkanikottai.
2.The Inspector of Police, Thally Police Station, Krishnagiri District.
3.The Superintendent, Sub Jail, Krishnagiri.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.33808 of 2025 19.12.2025