Soundararajan Vs State rep by its

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(aaa) and 4(1)(i) of Tamil Nadu Prohibition Act and 4(1)(A) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.66 of 2025 on the file of respondent police, seeks anticipatory bail.

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The case of the prosecution is that whe the respondent police along with his team were on patrol duty under the jurisdiction of Tiruvannamalai east Police Station, they conducted a search at the house of petitioner, wherein they found he was in possession of large quantity of liquor bottles illegally without any valid license and recovered totally 175 bottles 131.250 litres. Based on the alleged occurrence, the present complaint was lodged against the petitioner.

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The learned counsel for the petitioner would submit that the petitioner is sole accused and he has been falsely implicated in this case. He would submit that he has not at all committed any offence as alleged by the respondent police and he is no way connected with the occurrence. He would submit that the

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 21946 of 2025

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respondent police foisted the case only for statistical purpose and his name was not found place in the F.I.R. On instruction, he would further submit that without prejudice to his right and contentions, he is prepared to deposit/pay some considerable amount. Hence, he prays to grant anticipatory bail to the petitioner.

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The learned Government Advocate (Crl. Side) appearing for respondent would submit that on the date of occurrence, when the respondent police went for inspection at the petitioner's house and on search, they found totally 175 bottles of liquor illegally without any valid license by him and no previous case pending against him. He would also submit that if he is released on anticipatory bail, he will tamper the evidence and hamper the investigation. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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Considering the above fact and circumstances of the case and also the fact that the investigation was completed and no previous case pending against him, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 21946 of 2025

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Magistrate-II, Tiruvannamalai, on condition that the petitioner shall deposit a sum of Rs.20,000/- (Rupees twenty thousand only) as non-refundable deposit to the credit of Tamil Nadu Advocate Clerk Association, Chennai. Current Account No.484026006, IFSC No.IDIB000M157, Indian Bank, High Court Branch and the petitioner shall also execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which, one surety shall be blood relative of the petitioner, for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[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.

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[b] the petitioner shall report before the respondent police on alternative days at 10.30 a.m. for the period of three months.

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

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

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 21946 of 2025

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

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11-09-2025

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Index:Yes/No

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Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No rpp

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To

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