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Madras High CourtCRL OP(MD)/12729/2025allowed

Palanivel v. The State Of Tamil Nadu

2025-07-29Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Palanivel, S/o.Ponnusamy, : Petitioner/A1 Vs The State of Tamilnadu rep.by the Inspector of Police, Nangavaram Police Station, Karur District.

(Crime No.169 of 2025) .. Respondent/Complainant For Petitioner : Mr.V.Karuna, 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.169 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 1/5

05.07.2025 for the offences punishable under Section 4(1)(B) Tamil Nadu Prohibition (Amendment) act 2024, in Crime No.169 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 05.07.2025, on receipt of secret information, the respondent police made search at Rettaivaikal, Neithalur, at that time, they found that the petitioner along with other accused were selling TASMAC liquor bottles (nearly 21 bottles each contains 180 ml) and also permit the buyers to drink alcohol on the spot itself without valid permit or license. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that this is the second bail application and the earlier bail application before the learned District and Sessions Judge Karur, was dismissed on 21.07.2025 in Cr.M.P.No.1174 of 2025. He further submitted that the petitioner is in custody from 05.07.2025. Hence, he seeks bail.

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4. The learned Government Advocate (Criminal Side) submitted that on 05.07.2025, on receipt of secret information, the respondent police made search at Rettaivaikal, Neithalur, at that time, they found that the petitioner along with other accused were selling TASMAC liquor bottles (nearly 21 bottles each contains 180 ml) and also permit the buyers to drink alcohol on the spot itself without valid permit or license. He further submitted that the entire properties were recovered and the petitioner is having four previous cases. However, he opposed to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the facts that the properties were recovered and the occurrence had taken place on 05.07.2025, by this time most of the investigation might have been completed, and also considering the fact that the petitioner/Accused is in judicial custody from 05.07.2025, 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 3/5

for a like sum to the satisfaction of learned Judicial Magistrate No.II, Kulithalai, Karur 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 contact number to the learned Judicial Magistrate No.II, Kulithalai, Karur District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.II, Kulithalai, Karur District; [c] the petitioner shall appear and sign before the respondent police daily at 10.00 a.m., until further;

[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]. 4/5

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

sd/- 29/07/2025 / TRUE COPY / 29/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das To 1.The Judicial Magistrate No.II, Kulithalai, Karur District. 2.Do Through The Chief Judicial Magistrate, Karur District. 3.The Officer Incharge, Sub Jail, Kulithalai, karur District.

4.The Inspector of Police, Nangavaram Police Station, Karur District.

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

+1 CC to M/s.V.KARUNA, Advocate ( SR-8121[I] dated 29/07/2025 ) ORDER IN CRL OP(MD) No.12729 of 2025 Date :29/07/2025 SBN/29.07.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5