S Puvanendiran v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL S.Puvanendiran, S/o. Subramani, 54, Samathuvapuram, Manmangalam, Karur District.

... Petitioner/3rd Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, PEW, Karur.

(Cr. No. 8 of 2025).

... Respondent/Complainant For Petitioner : Mr.A.M.Senthil Kumar, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 8 of 2025 on the file of the respondent-police.

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 05.02.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant 1/5

an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 4(1)(c) and 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.8 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 22.01.2025, at about 05.00 a.m., near Vembumaraimman Kovil Street, Karur, based on the secret information, the defacto complainant, who is the Inspector of Police, along with his police team, was conducting an inspection. At that time, the police noticed that Accused No.1 was selling liquor. The police team arrested Accused No.1 and seized 10 bottles of liquor bottles (each containing 750 ml) from him. Based on the confession of the co-accused person, the petitioner has been arrayed as Accused No.3. Hence, the complaint.

4. Mr.A.M.Senthil Kumar, learned counsel appearing for the petitioner submits that the petitioner has nothing to do with the alleged offence. He further submits that the petitioner has been falsely implicated in this case. He further submits that he is ready to abide by any conditions to be imposed by this Court. He further submits that Accused No.1 was arrested and enlarged on bail by the learned Principal District and Sessions Judge, Karur in Crl.M.P.No.199 of 2025 on 01.02.2025. He further submits that Accused No.2 was granted pre-arrest bail by this Court in Crl.O.P.(MD). No.1813 of 2024 by an order dated 31.01.2025. Therefore, he prays for granting pre2/5

arrest bail to the petitioner.

5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor, appearing for the respondent Police submits that there are seven previous cases pending against the petitioner. Hence, he vehemently opposes the grant of prearrest bail to the petitioner.

6. The petitioner has permanent residence and deep roots in the society and hence, there is less possibility of absconding. With a view to give one more opportunity to the petitioner to reform himself in the society and considering the fact that the alleged liquor bottles have been seized by the respondent Police, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions:

(i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate No.I, Karur, within a period of fifteen days from the date on which the order copy is made ready on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Judicial Magistrate No.I, Karur; (ii) Thereafter, the petitioner shall appear and sign before the respondent-Police daily at 10.00 a.m., until further orders;

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(iii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Judicial Magistrate No.I, Karur, shall obtain a copy of any one of identity proofs to ensure their identity; (iv) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.I, Karur; (v) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and (vi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.I, Karur or Trial Court as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon-ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

7. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 07/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TSG TO 1 THE JUDICIAL MAGISTRATE NO.I, KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE INSPECTOR OF POLICE, PEW, KARUR.

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

+1 CC to M/s.A.M.SENTHIL KUMAR, Advocate ( SR-1506[I] dated 10/02/2025 )

ORDER

IN CRL OP(MD) No.2399 of 2025 Date :07/02/2025 SA/SKN/SAR.2 /20.02.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5