Madras High CourtCRL OP(MD)/12588/2025allowed

S. Dharmalingam v. The State Of Tamilnadu

2025-07-25Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI S.Dharmalingam, S/o.Subramanian, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Pappanadu Police Station, Thanjavur District.

(Crime No.183 of 2025) .. Respondent/Complainant For Petitioner : Mr.B.Kalaiarasan Advocate.

For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.183 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

on 06.07.2025 for the offences punishable under Sections 4(1)(c), r/w. Section 4(1-A) of TamilNadu Prohibition Act in Crime No.183 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 06.07.2025, the respondent police at about 11.00hrs had conducted routine surveillance, at that time, the respondent police found that this petitioner was in illegal possession of 28 TASMAC liquor bottles each contained 180ml. Hence, the case.

3. The learned counsel for the petitioner would submit that this petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. 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 06.07.2025, more than 18 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that this petitioner was found in illegal possession of 28 numbers of 180ml TASMAC liquor bottles and a sale amount of Rs.500/-. The alleged contraband was recovered from the accused person. There is no previous case against this petitioner. However, 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 the entire contraband were seized by the respondent

police, there is no previous case against this petitioner, the petitioner/accused is in judicial custody from 06.07.2025, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Orathanadu 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 contact number to the learned Judicial Magistrate, Orathanadu. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Orathanadu; [c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m. until further orders;

[d] the petitioner shall not abscond either during investigation or trial. [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/- 25/07/2025 / TRUE COPY / 25/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1 THE JUDICIAL MAGISTRATE, ORATHANADU.

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

3 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR. 4 THE INSPECTOR OF POLICE, PAPPANADU POLICE STATION, THANJAVUR.

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

ORDER

IN CRL OP(MD) No.12588 of 2025 Date :25/07/2025 NBF/SAR- /25/07/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023