Pradeep v. State Of Tamilnadu Rep By Inspector Of Police, Ramanathapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Pradeep, S/o.Palani Vel ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, PEW - Ramanathapuram Police Station, Ramanathapuram District.

(Crime No.34 of 2025) ... Respondent/Complainant For Petitioner :

Mr.Arun Prakash, Advocate For Respondent :

Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.34 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(A) and 4(1)(B) of the Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.34 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was running a bar and selling liquor without holding a valid license. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that this is the second anticipatory bail application filed before this Court. The petitioner has been arrayed as an accused in this case solely based on the confession of the coaccused/A1, who is the worker of the bar. He further submitted that the petitioner was neither present at the place of occurrence when the respondent police raided the bar nor he is the owner of the bar. He has been falsely implicated in this case. He, however, submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. 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 A2. A1 was arrested and subsequently released on bail on 17.06.2025 by the learned 2/5

Principal Sessions Judge, Ramanathapuram in Crl.M.P.No.1339 of 2025. He further submitted that the entire properties have been recovered. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and in view of the change in circumstances that the entire properties were recovered, and that the co-accused was arrested and subsequently released on bail, 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 arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.2, Ramanathapuram, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.2, Ramanathapuram, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 3/5

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.2, Ramanathapuram. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.2, Ramanathapuram;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(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; 4/5

(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 27/06/2025 / TRUE COPY / /07/2025 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, RAMANATHAPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3.The Inspector of Police, PEW - Ramanathapuram Police Station, Ramanathapuram District.

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

ORDER

IN CRL OP(MD) No.10838 of 2025 Date :27/06/2025 MK/08.07.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5