Mahesh v. The State Of Tamilnadu Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.14174 of 2025 Mahaesh ... Petitioner/ Accused No. 2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Musiri Police Station, Trichy District.
(Crime No.403 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Ramakrishnan For Respondent : Mr.S.S.Manoj Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.403 of 2025 on the file of the respondent police.
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ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(c), 4(1)(A) of Tamil Nadu Prohibition Act (Amendment) Act, 2024, in Crime No.403 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and other accused persons, illegally transported 199 bottles of liquor. Hence, the complaint.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that a previous case of a similar nature is pending against the petitioner. Therefore, he opposed for grant of 2/6
anticipatory bail to the petitioner.
5. Taking into consideration the facts and circumstances of the case and since the petitioner has complied with the condition imposed in the interim anticipatory bail regularly, the interim anticipatory bail already granted is made absolute and this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Musiri, Trichy District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: 3/6
(a) the petitioner 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 petitioner shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Madras High Court Madurai Bench Advocate Clerk's Welfare Association, Madurai, in the Indian Bank, High Court, Madurai Branch, Account No.496039124 IFSC No.IDIB000H040, without prejudice to his contentions and rights before the trial Court. Only on such deposit, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;
(c) the petitioner shall report before the respondent police daily at 10.30 a.m until further orders. He has to co-operate for the investigation;
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;
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(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 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;
(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.
(S S Y J) 08.10.2025 jbr To
1. The Judicial Magistrate Court, Musiri, Trichy District
2. The Inspector of Police, Musiri Police Station, Trichy District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J.
jbr
ORDER
IN CRL OP(MD) No.14174 of 2025 Date : 08.10.2025 6/6