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Madras High CourtCRL OP(MD)/13955/2025allowed

Saravanan v. The State Of Tamil Nadu Rep. By

2025-08-26Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Saravanan ..Petitioner/ Sole Accused Vs The State of Tamilnadu rep.by The Inspector of Police, PEW- Thuraiyur Police Station, Trichy, (Crime No.219 of 2025) .. Respondent/Complainant For Petitioner : M/s.K.K.Kannan 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.219 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial 1/5

custody on 02.08.2025 for the offences punishable under Sections 4(1)(c) and 4(1)(A) of Tamil Nadu Prohibition (Amendment)Act, 2024, in Crime No.219 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 02.08.2025, when the respondent police was on regular checkup, the petitioner was in illegal possession of liquor bottles. Hence the case.

3. The learned counsel for the petitioner would submit that respondent police has lodged a false complaint against this petitioner. The 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 02.08.2025 for nearly 25 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that 244 bottles of Pondicherry brandy were recovered by the respondent police worth about Rs.1 Lakhs and two previous cases of similar nature are pending against the petitioner and the detention proceedings initiated against the petitioner under Tamilnadu Act 14 of 1982, was dropped. However, he objected to grant bail to the petitioner.

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5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the petitioner was arrested on 02.08.2025 and he is in custody for the past 25 days and also the fact that the properties were recovered and by this time most of the investigation might have been completed, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Musiri, Tiruchirappalli 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, Musiri, Tiruchirappalli District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Musiri, Tiruchirappalli District; [c] the petitioner shall appear and sign before the respondent police, daily twice at 10.00 a.m., and 5.00 p.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial. 3/5

[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 herself 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/- 26/08/2025 / TRUE COPY / 26/08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

Pnn TO 1 The Judicial Magistrate, Musiri, Tiruchirappalli District.

2 Do Through the Chief Judicial Magistrate, Tiruchirappalli District.

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3 The Officer Incharge, Sub Jail, Kulithalai.

4 The Inspector of Police, PEW- Thuraiyur Police Station, Trichy, 5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.13955 of 2025 Date :26/08/2025 AS/26.08.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5