Kandhaiya v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Kandhaiya .. Petitioner/A2 Vs The State of Tamilnadu Rep.By, The Inspector of Police, Kayathar Police Station, Thoothukudi District (Cr.No.442 of 2025). .. Respondent/Complainant For Petitioner : Mr.M.Prabu, Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-C-33AB For Anticipatory Bail in Crime No.442 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(A), 4(1)(i) and 24 of TNP Act, in Crime No.442 of 2025 on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner and the co-accused were illegally sold 10 liquor bottles after the limited period for sale. 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 ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner has no previous cases. He further submitted that the petitioner is the bar owner and he sold the liquor after the limited period. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the nature of offence, 2/6

this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 learned Judicial Magistrate No.II, Kovilpati, Thoothukudi District, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[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 Aadhaar card or bank pass book to ensure their identity;

[b]the petitioner shall report before the respondent police daily at 10.30 a.m, until further orders;

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[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[d]the petitioner shall not abscond either during investigation or trial;

[e]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 is 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];

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

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TO

1. The Judicial Magistrate No.II, Kovilpati, Thoothukudi District.

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

3. The Inspector of Police, Kayathar Police Station, Thoothukudi District.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.22650 of 2025 Date : 10/12/2025 6/6