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Madras High CourtCRL OP(MD)/23404/2025granted

Raju v. The State Of Tamil Nadu

2025-12-18Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Raju

2. Saravanan .. Petitioners/Accused Nos.1&2 Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Lalapettai Police Station, Karur District.

Cr.No.457/2025.

... Respondent/Complainant For Petitioner : A.Thiyagarajan, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-33B. For Bail in Cr.No.457 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- 1/7

The petitioners, who were arrested and remanded to judicial custody on 08.12.2025 and 09.12.2025 respectively for the offences punishable under Sections 4(1)(A) and 4(1)(c) of Tamil Nadu Prohibition Act, in Crime No.457 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners were found possession of 30 bottles of poisonous liquor each consists of 180 ml for illegal sale. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 08.12.2025 and 09.12.2025 respectively. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent opposed for grant of 2/7

bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing 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 District Munsif cum Judicial Magistrate, Krishnarayapuram, Karur District, 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.

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[b] the second petitioner alone is directed to pay a sum of Rs.5,000/- (Rupees five thousand only) to the credit of the Headmaster, Government Higher Secondary School, Odaipatty, Theni District, having account in State Bank of India, Uthamapalayam Branch, South Car Street, Account No.11268003539, Account Type:Regular Savings Bank Account, CIF No:

81030919752, MICR Code:625002045; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioners;

[c] the petitioners shall report before the learned District Munsif cum Judicial Magistrate, Krishnarayapuram, Karur District, daily morning at 10.30 a.m, until further orders;

[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial.

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[e] the petitioners shall not abscond 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 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].

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

18.12.2025 PJL 5/7

TO

1. The District Munsif cum Judicial Magistrate, Krishnarayapuram, Karur District.

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

3. The Superintendent, Sub Jail, Kulithalai, Karur.

4. The Inspector of Police, Lalapettai Police Station, Karur District.

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

6. The Headmaster, Government Higher Secondary School, Odaipatty, Theni District.

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.23404 of 2025 Date : 18/12/2025 7/7