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Madras High CourtCRL OP/35990/2025granted

Karthik 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 Karthik ..Petitioner(s) Vs The State Rep By, The Inspector of Police T-11 Somangalam Police Station, Tambaram District. Crime No.290 of 2025.

..Respondent(s) Prayer: Criminal Original Petition filed u/s.482 of BNSS 2023 seeking to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.290 of 2025 on the file of the Inspector of Police, T-11, Somangalam Police Station, Tambaram District.

For Petitioner(s):

Mr. Gopalakrishnan B 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), 24 of Tamil Nadu Prohibition in connection with the Cr.No.290 of 2025, seeks anticipatory __________Page 1 of 5

bail.

2. The case of the prosecution is that on 19.12.2025, while the respondent police was in routine patrol duty, the petitioner, who is the owner of the bar was found in illegal possession of 40 brandy bottles 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. He further submitted that the petitioner is only owner of the bar and he is no way connected with the offence and based on the confession of A1, his name has been wrongly implicated in this case and no contraband was recovered from him. He further contend that the co-accused in this case was already released on bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police would contend that the petitioner/A2, who is the owner of the bar was found to be in illegal possession of 40 bottles of liquor. He further submit that as against him, no previous case was pending and co-accused was arrested and released on bail and based on the confession of A1, he was implicated in this case. Hence, he strongly opposed to grant anticipatory bail to __________Page 2 of 5

the petitioner.

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

6. Considering the nature of offences and the fact that no recovery of alleged contraband was made against him and based on the confession statement given by the co-accused, this petitioner was implicated in the case and further, the co-accused in this case is already released on bail and no previous case was pending against him, 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 his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the Judicial Magistrate, Sriperumbudur, 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. __________Page 3 of 5

[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.

Index:yes/no Internet:yes/no 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, Sriperumbuthur

2. The Inspector of Police, T-11, Somangalam Police Station, Tambaram District.

3.The Public Prosecutor High Court, Madras.

__________Page 4 of 5

P.DHANABAL J.

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