Parthiban v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.06.2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Parthiban ... Petitioner/Sole Accused Vs.

The State of Tamil Nadu, Rep. by the Inspector of Police, Ammapettai Police Station, Thanjavur District.

Crime No. 263 of 2025.

... Respondent/Complainant For Petitioner : Mr.R.L.Dhilipan Pandian, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.263 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Sole Accused , who was arrested and remanded to judicial custody on 17.05.2025 for the offences under Section 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.263 of 2025 on the file of the 1/5

respondent police, seeks bail.

2. The case of the prosecution is that on 17.05.2025, the petitioner has illegally transported 5 numbers of 750 ml Golden Touch Brandy bottles, 22 numbers of 750 ml mansion house brandy bottles, 12 numbers of 750 ml Black Bacadi rum bottles, 2 numbers of 750 ml Royal Stag whisky bottles, one number of 750 ml Imperial blue whisky bottle, 3 numbers of 750 ml Vat bottles, 11 numbers of 750 ml ID Black brandy bottles, 12 numbers of 750 ml Director club brandy bottles, 48 numbers of 180 ml imperial brandy bottles and 28 numbers of 500 ml Budweiser Beer bottles, totally 144 numbers of liquor bottles, without any valid license and thereby committed the offences. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 17.05.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner has illegally transported 144 bottles of brandy liquor bottles, without any valid license. Hence, he opposed to grant bail to the petitioner. However, he fairly concedes that the property has been recovered and the petitioner has no previous case.

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5. Taking into consideration of the facts and circumstances of the case and also taking into consideration of the period of incarceration and no previous case pending against the petitioner and also the fact that the entire contraband in this case has been recovered and by this time, most of the investigation might have been completed, 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, Papanasam, Thanjavur District 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 furnish his residential address and mobile number to the learned Judicial Magistrate, Papanasam, Thanjavur District. If the petitioner changes his residential address, he shall report the same to the concerned Court. [c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[d] the petitioner shall not abscond either during investigation or trial. 3/5

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

sd/- 10/06/2025 / TRUE COPY / 10/06/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

MAC TO

1. THE JUDICIAL MAGISTRATE, PAPANASAM, THANJAVUR DISTRICT

2. THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

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3. THE OFFICER IN-CHARGE, DISTRICT PRIOSN, THANJAVUR.

4. THE INSPECTOR OF POLICE, AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.9417 of 2025 Date :10/06/2025 PR/10.06 .2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5