Prathirajan v. The State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI 1.Prathirajan, S/o.Peraman, 2.Prasath, S/o.Peraman, ..Petitioners/ Accused Nos.1 & 2 Vs The State of Tamilnadu rep.by The Inspector of Police, Vattathikottai Police Station, Thanjavur District.
(Crime No.146 of 2025) .. Respondent/Complainant For Petitioners : Mr.N.Balasubramanian 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.146 of 2025 on the file of the Respondent Police. 1/6
ORDER : This Court made the following order :- The petitioners / Accused Nos.1 & 2 who were arrested and remanded to judicial custody on 15.07.2025 for the offences punishable under Sections 4(1)(A), 4 (1-A) (ii), 4(1)(C) of TamilNadu Prohibition (Amendment) Act, 2024 in Crime No.146 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 15.07.2025, while the respondent police on routine check up near Kollakadu, Velaiyan Street, at that time, the respondent police found that these petitioners were found in illegal possession of 100 Litrers of Arrack. Hence, the case.
3. The learned counsel for the petitioners would submit that these petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 15.07.2025, nearly 15 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that while 2/6
the respondent police on surveillance duty, they found that these petitioners were in illegal possession of 100 Litrer of Arrack. The entire properties were recovered by the respondent police and the same were sent to chemical analysis test. 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 entire properties were recovered by the respondent police, the petitioners/accused Nos.1 & 2 are in judicial custody from 15.07.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions:
6. Accordingly, the petitioners are ordered to be released on bail on executing separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Pattukottai, Thanjavur 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 3/6
Book to ensure their identity.
[b] The petitioners shall furnish their residential address and contact number to the learned Judicial Magistrate, Pattukottai, Thanjauvr District. If the petitioner changes their residential address, they shall report the same to the learned Judicial Magistrate, Pattukottai, Thanjauvr District;
[c] the petitioners shall appear and sign before the respondent police daily at 10.30.a.m. until further orders;
[d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners 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 petitioners 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 4/6
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/- 30/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
gvn TO
1. The Judicial Magistrate, Pattukottai, Thanjavur District.
2. The Chief Judicial Magistrate, Thanjavur District at Kumbakonam.
3. The Officer Incharge,District Prison, Thanjavur District.
4. The Inspector of Police, Vattathikottai Police Station, Thanjavur District.
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5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.12806 of 2025 Date :30/07/2025 PR/31.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6