M. Sankar Vs State Rep. By The Inspector of Police

PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on anticipatory bail, in the event of the Petitioner arrest by the Respondent Police in the pending investigation in Crime No. 57 of 2025, dated 19.04.2025 on the file of the Respondent police.

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For Petitioner(s): Mr.R.SivaKumar

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For Respondent(s): Mr.S.Udayakumar Government Advocate (Crl.side)

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

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CRL OP No. 21226 of 2025

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ORDER

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The petitioner, who apprehend arrest at the hands of the respondent police

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for the offences punishable under Sections 4(1)(i) of TN Prohibition Act r/w

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4(1)(A) of Tamilnadu Prohibition (Amendment) Act 2024, in Crime No.57 of 2025 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner was found to be in

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illegal possession of 180 ml bottle of Old Chef brandy. Hence the case.

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The learned counsel appearing for petitioner submitted that the

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petitioner has not committed any offence as alleged by the prosecution and he

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has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

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The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the petitioner is having nine previous cases. He would submit that A1 was arrested and subsequently released on bail.

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

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CRL OP No. 21226 of 2025

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Taking note of the facts and circumstances of the case, the nature of

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allegations, A1 was arrested and subsequently enlarged on bail and since, custodial interrogation is not required for the purpose of investigation, this

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Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in the event

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of arrest or on his appearance, within a period of fifteen (15) days from the date

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of receipt of a copy of this order before the learned Judicial Magistrate Court,

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Cheyyar, Tiruvannamalai District, on condition that the petitioner shall execute

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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 respondent police or the

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police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(a) the petitioner is directed to deposit a sum of

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Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of

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Society for the Educational and Economic Development

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(SEED) Reg., Sriperumbudur, Account Name: SEED, A/C

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

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CRL OP No. 21226 of 2025

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No.2926101000002, Canara Bank, Sriperumbdur, IFSC

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CNRB0002926, Cell No.9944812053, within a period of two weeks from the date of receipt of a copy of this order and shall

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produce the receipt for the same before the Court below.

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(b) t he sureties shall affix their photographs and left

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thumb impression in the surety bond and the Magistrate may

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obtain a copy of their Aadhar card or Bank pass Book to ensure

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their identity;

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(c) the petitioner shall report before the respondent

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police on alternative days at 10.30 a.m. for the period of

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three months.

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(d) the petitioner shall not tamper with evidence or witness

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either during investigation or trial;

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(e) the petitioner shall not abscond either during investigation or trial;

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(f) on breach of any of the aforesaid conditions, the learned

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Magistrate/ Trial Court is entitled to take appropriate action

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

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CRL OP No. 21226 of 2025

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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

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Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)

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AIR SCW 5560]; and;

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(g) if the accused thereafter absconds, a fresh FIR can be

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registered under Section 269 of B.N.S.

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10-09-2025

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gbi

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

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

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CRL OP No. 21226 of 2025

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Note :

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Registry is directed to forthwith upload this order in the Official Website of this Court.

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All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To

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1.State Rep. By The Inspector of Police, PEW-Cheyyar Police Station, Tiruvannamalai District. Crime No. 57 of 2025.

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