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Madras High CourtCRL OP(MD)/17618/2025granted

Rajesh @ Rajeshkannan v. The State Of Tamil Nadu

2025-10-14Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/10/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Rajesh @ Rajeshkannan

2. Michael ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Sengipatti Police Station, Thanjavur District.

Cr.No.205/2025. ... Respondent/Complainant For Petitioners : Mr. Maheswaran R, Advocate.

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.205 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1-A), 4(1)(c) of Tamil Nadu Prohibition Amendment Act, in Crime No.205 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners herein and other accused are said to have illegally found in possession of 384 bottles of liquor (each contain 180 ml). Hence, the complaint.

3. The learned Government Advocate (Crl side) submits that A1 is the owner of the shop and the A2 is working in said TASMAC shop. He further submitted that there are two previous cases pending against 1st petitioner and the 2nd petitioner is not having any previous case. He further submitted that investigation of the case is pending.

4. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the 2/7

respondent police.

5. Considering the facts and circumstances of the case and also the fact that property has been recovered, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, 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 learned Judicial Magistrate No.III, Thanjavur, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions 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 Aadhaar card or bank pass book to ensure their identity; 3/7

(b) the petitioners are directed to deposit a sum of Rs.3,000/- (Rupees Three Thousand only) each to the credit of Madurai Bench of Madras High Court Advocate Clerk's Welfare Association, Madurai - 625023 (Account No:-496039124, IFSC Code:- IDIB000H040), without prejudice to their rights and contentions before the trial Court and produce the receipt / acknowledgment before the concerned Court while executing sureties;

[c] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

[d]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [e]the petitioners shall not abscond either during 4/7

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 are 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].

[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 14.10.2025 TRP TO 5/7

1. The Judicial Magistrate No.III, Thanjavur.

2. Do-Through The Chief Judicial Magistrate, Thanjore District.

3. The Inspector of Police, Sengipatti Police Station, Thanjavur District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.17618 of 2025 Date : 14/10/2025 7/7