Mari v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Mari, W/o.Govindharaj,

...Petitioner/ Accused

Vs The State of Tamilnadu rep.by The Inspector of Police, Kovilangulam Police Station, Ramanathapuram District.

(Crime No.21 of 2025) .. Respondent/Complainant For Petitioner : Mr.G.Vishnuram For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.21 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody 1/6

on 30.06.2025 for the offences punishable under Sections 4(1)(A) & 4(1)(C) of TNP (Amendment) Act, 2024 in Crime No.21 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 30.06.2025 at about 09.00hrs the respondent police was in routine surveillance, at that time, they found that this petitioner was in illegal possession of 48 liquor bottles, each bottle contained 180ml, the same was seized by the respondent police. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. The petitioner is a lady and she is having a child and she is a feeding mother. The petitioner undertakes to file undertaking affidavit stating she will not indulge in any further unlawful activities in future. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 30.06.2025 nearly 22 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the 2/6

respondent police found that this petitioner was in illegal possession of 48 liquor bottles. The properties were recovered by the respondent police. This petitioner is having seven previous cases, out of which, two cases are still pending, all are similar in nature. Hence, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the properties were recovered by the respondent police, in this case, FIR was registered on 30.06.2025, by this time most of the investigation might have been completed, the petitioner/accused is in judicial custody from 30.06.2025, taking into consideration of the 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 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, Kamuthi and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the 3/6

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 her residential address and contact number to the learned Judicial Magistrate, Kamuthi. If the petitioner changes her residential address, she shall report the same to the learned Judicial Judicial Magistrate, Kamuthi;

[c] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m., and 05.30p.m., until further orders. [d] after release, the petitioner shall file an undertaking affidavit stating that she will not indulge in any unlawful activities in future, before the Judicial Magistrate, Kamuthi, within a period of five days from the date of her release. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

sd/- 10/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE OFFICER INCHARGE, SUB JAIL (WOMEN), PARAMAKUDI.

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4 THE INSPECTOR OF POLICE, KOVILANGULAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.11628 of 2025 Date :10/07/2025 NM/10.07.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6