Santhosam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2025 PRESENT The Hon`ble Mr.Justice P. VADAMALAI Santhosam, S/o. Ayyanar, 112/98, Senkuttuvan Street, Duraisamypuram, Rajapalaiyam, Viruthunagar District. ... Petitioner/Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, PEW Srivilliputhur Police Station, Virudhunagar District.

(Crime No. 38 of 2025).

... Respondent/Complainant For Petitioner : M/s.M.P.Roniga, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 38 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner /accused who was arrested and remanded to judicial custody on 07.05.2025 for the offences under sections 4(1-A)(ii), 4(1)(C) of Tamilnadu Prohibition (Amendment) Act, 2024, in Crime No.38 of 2025 on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 07.05.2025, when the respondent police conducted secret search near Chenkuttuvan street they found the accused in illegal possession of one litre white colour liquid and 10 litres of ferment water for manufacturing liquor, hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in custody from 07.05.2025 and the property has been recovered, hence he seeks bail.

4. The learned Government Advocate(Crl.Side) would submit that the accused was found in illegal possession of one litre white colour liquid and 10 litres of ferment water for manufacturing liquor. He would further submit that the petitioner is having one previous case, hence he objected to grant bail to the petitioner. 5.Taking into consideration the facts and circumstances of the case and also the fact that the property has been recovered and also taking into consideration the 2/5

period of incarceration this court is inclined to grant bail to the petitioner, subject to the following conditions:

6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Rajapalayam 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 petitioner shall report before the respondent police daily at 10.30 a.m., and 5.30 pm., until further orders.

[c] the petitioner shall not abscond either during investigation or trial. [d] the petitioner shall not tamper with evidence or witness 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]. 3/5

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

sd/- 21/05/2025 / TRUE COPY / 22 /05/2025 Sub-Assistant Registrar (V) Madurai Bench of Madras High Court, Madurai - 625 023.

CP/LS TO 1.THE JUDICIAL MAGISTRATE, RAJAPALAYAM

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3.THE OFFICER IN CHARGE, SUB JAIL,SRIVILLIPUTTUR.

4. THE INSPECTOR OF POLICE, PEW SRIVILLIPUTHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M.P.RONIGA Advocate SR.No.5572(I)DT.21/05/2025 4/5

ORDER IN CRL OP(MD) No.8920 of 2025 Date :21/05/2025 PR/22.05 .2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5