Surya v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.12.2025

CORAM

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

The State Rep.by Inspector of Police Ambur Police Station Thirupathur District.

Crime No.273 of 2025.

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023, to enlarge the petitioner on bail pending investigation in Crime No.273 of 2025 on the file of the respondent police. For Petitioner : Mr.T.Muruganantham 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 08.12.2025, for the alleged offences punishable under Sections 4(1)(c), 4(1-A)(ii) of Tamil Nadu Prohibition Act, in Crime No.273 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 (i)180 ml Express Brandy -16 bottles; and (ii) 180 ml Monitor Rum-18 bottles (iii) 180 ml Old Chef XXX Rum-26 bottles 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 she has been falsely implicated in this case. He further submitted that the petitioner has been suffering incarceration from 08.12.2025 and she 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, investigation is pending and the offences are serious in nature and submitted that there are 23 previous cases pending against the petitioner and therefore, he vehemently opposed to grant of bail to the petitioner.

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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 her 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 Judicial Magistrate, Ambur and on further conditions that:- [b] the petitioner shall report before the respondent police on daily at 10.30.a.m., until further orders;

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[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 her 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 Judicial Magistrate, Ambur.

2.The Inspector of Police Ambur Police Station Thirupathur District.

Crime No.273 of 2025.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

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