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Madras High CourtCRL OP/35645/2025granted

Jayasundar v. The State Rep By, Inspector Of Police

2025-12-26Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.12.2025

CORAM

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

The State Rep.by Inspector of Police Periyapalayam Police Station Tiruvallur Crime No.324 of 2025.

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail in Crime No.324 of 2025 on the file of the respondent police.

For Petitioner : Mr.K.Karthik For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 21.11.2025, for the alleged offences punishable under Sections 4(1-A) of Tamil Nadu Prohibition Act Cases, in Crime No.324 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found to be in illegal possession of 35 bottles of liquor without label each contain 180 ML for selling the same in higher price. Hence, the present case came to be registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has been suffering incarceration from 21.11.2025 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there were five previous cases pending against the petitioner, which, according to him, have already been disposed of. However, he vehemently opposed to grant of bail to the petitioner.

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

6. Considering the nature of allegations, period of incarceration of the petitioner and also considering the fact that already previous cases were disposed of, 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 Court, Uthukottai, and on further conditions that:- 3/6

[b] the petitioner shall report before the respondent police on every Saturday at 10.30.a.m., for a period of four weeks. [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.

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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 Court, Uthukottai.

2.Inspector of Police Periyapalayam Police Station Tiruvallur Crime No.324 of 2025.

3.The Superintendent, Central Prison-II, at Puzhal Chennai.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

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