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Madras High CourtCRL OP/35531/2025granted

Narasimman v. The State Rep By Its,

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Narasimman Petitioner(s) Vs The State Rep By Its, The Inspector of Police, Kalavai Police Station, Ranipet, District Cr.No.247/2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail in Cr.No.247/2025 on the file of the respondent police.

For Petitioner(s):

Mr.D.Thirumoorthy For Respondent(s):

Mr.S.Vinothkumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 12.12.2025, for the offences punishable under Section 4(1)(c) and 4(1-A)(ii) of TN Prohibition (Amendment) Act 2024, in Crime No.247 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 12.12.2025, when the respondent police were on their regular patrol duty, at that time, the petitioner was found in illegal possession of 2.340 litres of liquor. Hence the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, as he was in possession of 2.340 litres of liquor. The alleged occurrence took place on 12.12.2025 and the petitioner was arrested on the very same day. He has not committed any offence as alleged in the FIR. He is in custody since 12.12.2025. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police would contend that the petitioner was found to be in illegal possession of 2.340 litres of liquor. He further submitted that the petitioner has nine previous case of similar nature and thereby, he strongly 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 submission made by the learned counsel of either side and also considering the nature of offence and also considering the period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner, subject to certain conditions.

7. 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, Arcot, 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 weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not commit any offences of similar nature. [c] the petitioner shall not abscond either during investigation or trial. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] 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].

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

26-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 State Rep By Its, The Inspector of Police, Kalavai Police Station, Ranipet, District Cr.No.247/2025 2.The Public Prosecutor, High Court of Madras.

3.The District Munsif cum Judicial Magistrate, Arcot.

4.The Sub Jail, Walajah.

P.DHANABAL J.

gbi/drl CRL OP No. 35531 of 26-12-2025