Venkatachalam v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.

1. Venkatachalam

2. Vasudevan ... Petitioners Vs.

State rep by The Inspector of Police Harur Police Station, Dharmapuri District.

... Respondent (Cr.No.514 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail concerned in Cr.No.514 of 2025 pending on the file of the respondent. For Petitioners : Mr.J. Pradeep For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 23.11.2025, for the alleged offence punishable under Sections 4(1)(c) r/w 4(1-A)(ii of TNP Act in Cr.No.514 of 2025, on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that when the respondent police were on regular patrol duty, they found that the petitioners were found in possession of 68 numbers of TASMAC liquor bottles each containing 180 ml. Hence, the case.

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 the petitioners are in judicial custody from 23.11.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that the second petitioner/A2 is having one previous case of similar nature. However, he opposed for grant of bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners, subject to certain conditions. 2/6

7. Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Harur and on further conditions that: [a] 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;

[b] the petitioners shall report before the Judicial Magistrate Court, Harur on all working days at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation; [c] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

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[e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] 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 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)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 10.12.2025 smn 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.

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To

1. The Judicial Magistrate Court, Harur

2. The Inspector of Police Harur Police Station, Dharmapuri District.

3. The Sub Jail, Harur 4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

smn Crl.O.P.No.33807 of 2025 10.12.2025 6/6