Kannan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Kannan, S/o.Rajendiran ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Madhagupatti Police Station, Sivagangai District.
(Crime No.96 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.Arputharaj, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.96 of 2025 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(a), 4(1)(i) and 4(1-A) of TN Prohibition Act in Crime No.96 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and the other accused were in possession of six bottles of brandy, intended for illegal sale to the general public. Hence, the case.
3. The learned counsel for the petitioner submitted that this is the second application for anticipatory bail before this Court. The petitioner is no way connected with the alleged occurrence as stated by the prosecution, and has been falsely implicated in this case. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that there are totally two accused persons in this case and the petitioner has been arrayed as A1. A2 has been arrested and subsequently released on bail. There are two previous cases against the petitioner/A1. He further submitted that entire properties have been seized. However, he opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, and taking into account of the fact that co-accused has been arrested and released on bail, and also 2/5
considering the fact that entire properties have been recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.II, Sivagangai on condition that the petitioner shall execute 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 the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate Court No.II, Sivagangai and on further conditions that:
(a) the petitioner 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 petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Sivagangai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Sivagangai;
(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
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(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioner shall not abscond 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]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 09/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MKN TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE, MADHAGUPATTI POLICE STATION, SIVAGANGAI DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.ARPUTHARAJ, Advocate ( SR-6085[I] dated 10/06/2025 )
ORDER
IN CRL OP(MD) No.9499 of 2025 Date :09/06/2025 SA/SAR. /13.06.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5