Raguraman v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Raguraman ... Petitioner / Accused Rank Not Known Vs The Inspector of Police, Pandhanallur Police Station, Thanjavur District.

(Crime No.602 of 2024) ... Respondent/Complainant For Petitioner :

Mr.K.M.Karunakaran, Advocate For Respondent :

Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 602 of 2024 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 4(1)(A), 4(1-A)(ii) of the Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.602 of 2024 on the file of the respondent police, 1/4

seeks anticipatory bail.

2. The case of the prosecution is that A4 and A5 supplied Pondicherry liquor to the other accused persons which was attempted to be transported in vehicle and sold in Tamil Nadu at a higher price. On 20.12.2024, the vehicle was intercepted and the liquor bottles were seized and A1 and A2 were arrested and remanded to judicial custody on 20.12.2024. A3 is said to have fled away from the place. There are totally 5 accused persons in this case and the petitioner has been arrayed as A5. He has been arrayed as an accused based on the confession of A1.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and considering the fact that the entire liquor bottles have been seized and vehicle has also been seized and A1 and A2 have been arrested and taking note of the fact that the petitioner has 3 previous cases against him of similar nature, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruvidaimaruthur, on condition that the petitioner shall execute a bond for a sum 2/4

of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent police on every Monday and Friday at 5.30 p.m. for a period of 4 weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned 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]. 3/4

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 06/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO 1 THE JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, PANDHANALLUR POLICE STATION, THANJAVUR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-101[I] dated 06/01/2025 ) ORDER IN CRL OP(MD) No.38 of 2025 Date :06/01/2025 RS/SKN/SAR-(20.01.2025) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4