Manikandan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Manikandan ... Petitioner/Accused in Crl.O.P(MD)No.299 of 2025 Solomonraja ... Petitioner/Accused in Crl.O.P(MD)No.331 of 2025 Vs The State of Tamilnadu, Rep by the Inspector of Police, Prohibition Enforcement Wing, Tirunelveli City.

Crime No.408 of 2024.

... Respondent/Complainant for both cases For Petitioner : Mr.A. Syed Abdul Kather, Advocate in Crl.O.P(MD) No.299 of 2025) For Petitioner : Mr.N.Pragalathan, Advocate in Crl.O.P(MD) No.331 of 2025) 1/5

For Respondent : Mr.S.Ravi, (for both cases) Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS COMMON PRAYER :- For Bail in Crime no.408 of 2024 on the file of the Respondent Police. COMMON ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 07.12.2024 for the offences under Sections 4(1)(A) and 14(A) TN Prohibition (Amendment) Act in Crime No.408 of 2024 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the accused persons had purchased 1111 bottles of liquor each containing 180 ml from Goa and they were illegally transporting the same to Tamil Nadu. There are totally 13 accused persons in this case and the petitioners have been arrayed as A6 and A2 respectively.

3. Heard the learned Counsel appearing on either side. 4.Taking into consideration the facts and circumstances of the case and considering the fact that the entire liquor bottles have been seized by the police including the vehicle and also taking note of the fact that the petitioners have suffered incarceration from 07.12.2024 and also considering the fact that there are two 2/5

previous cases against A6 and one previous case against A2 and also taking note of the fact that A5 was granted anticipatory bail by this Court in Crl.O.P(MD)No.21921 of 2024 by order dated 12.12.2024 and A3 was granted bail by this Court in Crl.O.P (MD)No.22757 of 2024 by order dated 20.12.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions.

5. Accordingly, these criminal original petitions are ordered and the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tirunelveli and the learned Judicial Magistrate No.IV, Tirunelveli, respectively and on further conditions that:- [a] 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 petitioners shall report before the respondent police every Friday at 05.30 p.m for a period of four weeks and thereafter, as and when required for interrogation.

[c] the petitioners shall appear before the trial Court during every hearing date without fail.

[d] the petitioners shall not tamper with evidence or witness either during 3/5

investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 2023.

sd/- 08/01/2025 / TRUE COPY / 08/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 4/5

5 THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, TIRUNELVELI CITY.

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

+1. CC to Mr.N.PRAGALATHAN, Advocate SR.No.274 (I) DT.08/01/2025

ORDER

IN Date :08/01/2025 SA/SAR. /08.01.2025/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5