Muthusamy v. The State Of Tamilnadu, Rep. By The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Muthusamy ... Petitioner/ Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Vangal Police Station, Karur District.
(Crime No.190 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.M.Senthil Kumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.190 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 27.07.2025 for the offences punishable under Sections 4(1)(C) of the Tamil Nadu Prohibtion (Amendment) Act, 2024 and under Section 4(1-A) of TN Prohibition Act, 1/4
in Crime No.190 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was found in illegal possession of 800 ml of liquor. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 27.07.2025. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that there are 40 previous cases though not of a similar nature, pending against the petitioner. However, he opposed for grant of bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Karur, 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 2/4
their Aadhar card or Bank pass Book to ensure their identity. [b] The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Karur. [c] If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.II, Karur. [d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. In the event of the petitioner committing a similar offence in future, the bail granted shall stand automatically cancelled.
[e] the petitioner shall not abscond either during investigation or trial.
[f] the petitioner shall not tamper with evidence or witness 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 petitioner 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 Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
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[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 01/09/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
jbr TO 1 The Judicial Magistrate No.II, Karur.
2 Do Through the Chief Judicial Magistrate, Karur. 3 The Officer Incharge, Sub Jail Karur.
4 The Inspector of Police, Vangal Police Station, Karur District. 5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.14351 of 2025 Date :01/09/2025 NBF/SAR- /01/09/2025/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4