Vijaya v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.12.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL Vijaya ... Petitioner Vs.

The State Represented by, The Sub-Inspector of Police, Vaniyambadi Taluk Police Station, Tirupathur District.

(Crime No.172 of 2025)

...Respondent

PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioner on bail in the event of her arrest in Crime No.172 of 2025 on the file of the Sub-Inspector of Police, Vaniyambadi Taluk Police Station, Thirupathur District. For Petitioner : Mr.Siddharth S For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)

ORDER

The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1) (C) and 1/6

4(1) (A) of the Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.172 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the police were on routine rounds towards Natramparai Village, they noticed the petitioner was sitting at the backside of her house holding a white coloured sack bag containing 18 bottles of Express Brandy, each containing 180 ml, on seeing the police, she escaped from the spot. Hence the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is a law-abiding citizen and he is ready and willing to furnish substantial sureties and to abide by any conditions that may be imposed by this Court; therefore, he prayed to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the 2/6

respondent police submitted that when the police were on routine rounds towards Natramparai Village, they noticed the petitioner was sitting at the backside of her house holding a white coloured sack bag containing 18 bottles of Express Brandy, each containing 180 ml, on seeing the police, she escaped from the spot. He further submitted that the material objects were recovered and there is no previous case against the petitioner. However, he vehemently opposed the grant of anticipatory bail to the petitioner.

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

6. Considering the representation made by both sides, the nature of offences, and the quantity involved in this case and considering that there is no previous case pending against the petitioner, and already the properties were recovered, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) 3/6

days from the date on which the order copy was made ready, before the learned Judicial Magistrate, Vnaiyambadi at Thirupathur District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions that:

[a] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four (4) weeks and thereafter, as and when required for the interrogation;

[b] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[c] the petitioner shall not leave India without the prior permission of the Court;

[d] the petitioner shall not abscond 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 4/6

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 of the BNS.

30.12.2025 dna/kas 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 official website of this Court will be watermarked and will also have a QR code.

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P. DHANABAL, J.

dna/kas Copy to:

1.The Judicial Magistrate Vaniyambadi Thirupathur District

2. The Sub-Inspector of Police, Vaniyambadi Taluk Police Station, Tirupathur District.

(Crime No.172 of 2025) 3.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

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