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Madras High CourtCRL OP(MD)/12895/2025allowed

Manikumar v. The State Of Tamilnadu

2025-08-07Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Manikumar, S/o.Velupillai 2.Ashok Kumar, S/o.Veerapathiran ... Petitioners/A2 & A4 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, PEW - Madurai City Police Station, (Crime No.172 of 2025) ... Respondent/Complainant For Petitioners : Mr.Muralikumar A, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.172 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A2 & A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(C) and 4(1)(A) of Tamil Nadu Prohibition Amendment Act, 2024 in Crime No.172 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that based on the secret information, while the respondent police were conducting a vehicle check at Iyer Bungalow locality, they intercepted the 1st accused, who was riding a two-wheeler bearing Registration No. TN-59-CJ-5193. Upon inspection, they found 15 liquor bottles, each containing 750 ml, along with cash of Rs.1,000/-. During enquiry, he confessed that he, along with the petitioners and other accused, had contributed money, purchased the same from a military canteen, and was distributing it to their customers. Hence, the present case.

3. The learned counsel appearing for the petitioners submitted that the 2/6

petitioners are innocent persons and have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. He submitted that A1 was arrested and subsequently released on bail. He, however, submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Crl. side) submitted that there are totally four accused in this case and the petitioners have been arrayed as A2 and A4. A1 was arrested and subsequently released on bail. He submitted that three previous cases have been registered against the 1st petitioner, and one previous case has been registered against the 2nd petitioner. He further submitted that the entire properties have been recovered. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also taking note of the fact that one of the co-accused was arrested and subsequently released on bail, and that the entire properties have already been recovered, and that as the date of occurrence is 16.07.2025, by this time material part of the investigation might have been completed, this court is inclined 3/6

to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.IV, Madurai, on condition that the petitioners shall execute a 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 the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.

IV, Madurai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioners 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 card or Bank pass Book to ensure their identity; (b) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.IV, Madurai. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.

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

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(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 07/08/2025 / TRUE COPY / /08/2025 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.Iv, 2 The Chief Judicial Magistrate, Madurai District.

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3 The Inspector of Police, PEW - Madurai City Police Station, 4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1CC to Mr.A.Muralikumar , Advocate SR No.49807 (I) DT.08/08/2025

ORDER

IN CRL OP(MD) No.12895 of 2025 Date :07/08/2025 NM/25.08.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6