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Madras High CourtCRL OP/35728/2025granted

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

2025-12-26Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Chinnarasu S/o.Albert No.917,Perumal kovil street, Kannigaipair ,uthukottai, tiruvallur Petitioner(s) Vs The state rep by, the Inspector of police Periyapalayam police station, Tiruvallur Crime no.325 of 2025 Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in crime no.325 of 2025 on the file of the respondent police. For Petitioner(s):

Mr.K. Karthik For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.11.2025, for the alleged offences punishable under Section 4(1-A) of Tamil Nadu Prohibition Act in Crime No. 325 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the respondent police were on regular patrol duty, they found that petitioner was in illegal possession of 25 bottles of liquor each containing 180 ml. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would submit that he has been falsely implicated in this case. He would further submit that the petitioner was arrested and is in judicial custody from 21.11.2025. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner is a single accused and he was found in illegal possession of 25 bottles of liquor. He submits that there are 17 previous cases pending against the petitioner. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the rival submissions made by the learned counsel on either side, the nature of the offences and the quantity of material involved in this case, considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

[a] Accordingly, the petitioner is ordered to be released on bail on his executing 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 District Munsif cum Judicial Magistrate, Uthukottai and on further conditions that:- [b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of 30 days and thereafter, as and when required for interrogation.

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] 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;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

26.12.2025 nr 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. District Munsif cum Judicial Magistrate, Uthukottai.

2. The Inspector of Police, Periyapalayam police station, Tiruvallur 3.The Superintendent, Central Prison-II, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

P.DHANABAL J.

nr CRL OP No. 35728 of 26-12-2025