Vijay v. State Of Tamilnadu Rep By Inspector Of Police, Pew-Thiruverambur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Vijay 2.Pradeep ..Petitioners/A1 & A2 Vs The State of Tamilnadu rep.by The Inspector of Police, PEW-Thiruverumbur Police Station, Trichy District.

Crime No.214 of 2025 .. Respondent/Complainant For Petitioners : Mr.T.Lenin Kumar, Advocate.

For Respondent : Mr.S.Prakash Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.214 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offence punishable under sections 4(1)(c) and 4(1)(B) of Tamil Nadu Prohibition (Amendment) Act 2024, in Crime No.214 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 30.07.2025, on receipt of secret information that few persons indulged in selling liquor after closing time of the TASMAC shop, the respondent police went to the spot, at that time, the petitioners were carrying on 40 bottles of old chef brandy (each contains 180ml), 32 bottles of Mclane (each contains 180ml) through motorcycles. When the complainant entered the bar, 29 bottles of Monitor Brandy (each containing 180 ml) were found near the refrigerator. The petitioners had kept the liquor bottles inside the bar illegally for sale during night hours. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocents persons and they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. He further submitted that the petitioners are ready and willing to abide any conditions that may be imposed by this Court and seek anticipatory bail.

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4.The learned Government Advocate (Criminal Side) submitted that on receipt of secret information, the respondent police conducted search in the TASMAC shop and they found that 29 bottles of Monitor Brandy (each containing 180 ml) near the refrigerator. The petitioners had illegally stored the liquor bottles inside the bar with intention to sell them during prohibited night hours. He further submitted that entire properties have been recovered and the petitioners are not having any previous cases. However, he opposed to grant anticipatory bail to the petitioners. 5.Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the entire properties have been recovered and material part of the investigation might have been completed and also considering the fact that the petitioners are not having any previous case, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following 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 of receipt of copy of this order, before the learned District Munsif cum Judicial Magistrate, Srirangam, 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 District Munsif cum Judicial Magistrate, Srirangam, 3/5

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 District Munsif cum Judicial Magistrate, Srirangam. In the event of any change in their residential address, the petitioners shall report the same to the learned District Munsif cum Judicial Magistrate, Srirangam; (d) the petitioners shall report before the respondent police daily at 10.00 a.m., until further orders;

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

(f) the petitioners shall not abscond either during investigation or trial; (g) 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; 4/5

(h) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 14/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The District Munsif cum Judicial Magistrate, Srirangam. 2.The Inspector of Police, PEW-Thiruverumbur Police Station, Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-8891[I] dated 18/08/2025 )

ORDER

IN CRL OP(MD) No.13560 of 2025 Date :14/08/2025 NBF/08/09/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5