← Library
Madras High CourtCRL OP/35968/2025granted

Pavalakodi v. The State Rep By The Inspector Of Police

2025-12-30Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-12-2025

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Pavalakodi ..Petitioner(s) Vs The State, Rep by The Inspector of Police, Villupuram West Police Station, Villupuram District. Crime No.304 of 2025.

..Respondent(s) Prayer: This Criminal Original Petition filed u/s.482 of B.N.S.S. praying to enlarge the Petitioner on bail in the event of arrest on connection with CrimeNo.304 of 2025 pending investigation on the file of the Respondent police.

For Petitioner(s):

D.Rajalakshmi For Respondent(s):

Mr.S.Udaya Kumar, GA (crl.side)

ORDER

The petitioner/Accused No.2, who apprehends arrest in the hands of the respondent police for the offences punishable under Section 4(1) (C ), 4(1)(A) of TNP (Amendment) Act, in connection with the Cr.No.304 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 13.12.2025, when the respondent __________Page 1 of 5

police was conducting prohibition raid, the petitioner was found in illegal possession of 70 brandy bottles of liquor with capacity of 180 ml.each. Hence the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that the petitioner is no way connected with the offence and based on the confession of A1 only, her name was implicated in this case.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police would contend that the petitioner/A2 was found to be in illegal possession of 70 bottles of liquor each containing 180 ml. He further submitted that she is having 10 previous cases, out of which 8 cases has been disposed of and A1/co-accused in this case was already arrested and released on bail. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

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

6. Considering the submissions made by the learned counsels on either side, the nature of offences and already co-accused were released on bail, __________Page 2 of 5

though the petitioner was involved in 10 previous cases, most of the cases were already disposed of and in pending cases, she was granted bail and all the cases are not similar kind of offence, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the Judicial Magistrate No.1, Villupuram Villupuram 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 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].

__________Page 3 of 5

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

msr/gv 30-12-2025 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 No.1, Villupuram, Villupuram District.

2. The Inspector of Police, Villupuram West Police Station, Villupuram District 3.The Public Prosecutor High Court, Madras.

__________Page 4 of 5

P.DHANABAL J.

msr/gv 30-12-2025 __________Page 5 of 5