Ramesh Kumar v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] Date : 27.01.2025 PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH 1.Ramesh Kumar 2.Selvaraj ... Petitioners/A2 & A3 Vs State of Tamil Nadu represented by The Inspector of Police, Vickramasingapuram Police Station, Vickramasingapuram, Ambasamudram Taluk, Tirunelveli District.

Crime No.27 of 2025) ... Respondent/Complainant For Petitioners : Mr.N.Vignesh, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. PRAYER :- For Anticipatory Bail in Crime No.27 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.27 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that during a routine patrol, A1 was found in possession of 30 liquor bottles, each containing 180 ml, and was attempting to sell them at a higher price. On the confession of A1, it came to light that the liquor bottles were purchased from the petitioners. The petitioners have been arrayed as A2 and A3.

3. The learned Government Advocate (Criminal Side) appearing for the respondent police submits that the first petitioner is the salesman and the second petitioner is the bar owner, and that there are 20 previous cases against the first 2/5

petitioner and 10 previous cases against the second petitioner.

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

5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioners have been made as accused based on the confession of A1 and taking notice of the previous cases against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Ambasamudram, on condition that the petitioners 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 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: 3/5

[a] the petitioners 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 petitioners shall appear before the learned Judicial Magistrate, Ambasamudram on every Friday at 10:00 a.m. for a period of 6 weeks and thereafter, as and when required for interrogation.

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

[d] the petitioners 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 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]. 4/5

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

sd/- 27/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

JEN TO 1 THE JUDICIAL MAGISTRATE AMBASAMUDRAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, VICKRAMASINGAPURAM POLICE STATION, VICKRAMASINGAPURAM, AMBASAMUDRAM TALUK, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.N.VIGNESH, Advocate ( SR-948[I] dated 28/01/2025 )

ORDER

IN CRL OP(MD) No.1465 of 2025 Date :27/01/2025 SS/SKN/SAR- /13/02/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5