M Sureshkumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.03.2025 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL M.Sureshkumar

...Petitioner/Accused No.1

Vs State of Tamil Nadu rep. by The Inspector of Police, Thiruppullani Police Station, Ramanathapuram.

(Crime No.30 of 2025)

...Respondent/Complainant

For Petitioner : Mr.I.Pinaygash Advocate.

For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.30 of 2025 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 for the offences punishable under Sections 4(1)(C) and 4(1)(A) of the Tamil Nadu 1/4

Prohibition (Amendment) Act, 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 21.02.2025, when the defacto complainant, along with his team, was on patrol, they found that the petitioner/A1 was in illegal possession of 34 liquor bottles each containing 180 m.l. On seeing the defacto complainant, the petitioner fled from the place of occurrence leaving behind the liquor and the co-accused person/A2. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) fairly submits that the petitioner/A1 was in illegal possession of 34 liquor bottles each containing 180 m.l. He further submits that the co-accused person/A2 was arrested and released on bail and the petitioner has no previous case. However, he opposes to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and the quantity of liquor involved in this case and also considering the facts that the co-accused person was released on bail and the 2/4

petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 Judicial Magistrate No.I, Ramanathapuram, and on further conditions that: [b] the petitioner shall report before the respondent police, on every Saturday at 10.00 a.m. for a period of four weeks, and thereafter as and when required for the interrogation.

[c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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]. 3/4

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

sd/- 12.03.2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

apd To 1.The Judicial Magistrate No.I, Ramanathapuram.

2.Do through the Chief Judicial Magistrate, Ramanathapuram District.

3.The Inspector of Police, Thiruppullani Police Station, Ramanathapuram.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.I.PINAYGASH, Advocate ( SR-2724[I] dated 13/03/2025 ) CRL OP(MD) No.4560 of 2025 Date : 12.03.2025 SL(20.03.2025)/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4