Vinoth Vs the State Rep.by Its, Sub Inspector of Police — Madras HC (2025) — LawSathi Research

Vinoth Vs the State Rep.by Its, Sub Inspector of Police — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner: release on bail in the event of arrest or on appearance within fifteen days before the learned Judicial Magistrate, Thiruttani, on a separate bond of Rs.10,000/- with two sureties for a like sum, subject to conditions including daily reporting before the respondent police at 10.30 a.m., non-tampering with evidence/witnesses, and non-absconding.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Crime No.367 of 2024 registered for offences punishable under Sections 4(1)(C) read with Section 4(1)(A) of TNP (Amendment) Act, 2024, is entitled to anticipatory bail.

Court's answer

Taking note that there is no previous case against the petitioner, this court granted anticipatory bail: the petitioner is to be released on bail in the event of arrest or on appearance within fifteen days from the date the order copy is made ready, before the learned Judicial Magistrate, Thiruttani, on execution of a separate bond for Rs.10,000/- (Rupees Ten Thousand Only) with two sureties for a like sum, failing which the petition for anticipatory bail shall stand dismissed.

Ratio / Principle

The grant of bail is subject to further conditions: the petitioner and sureties shall affix their photographs and Left Thumb Impression in the surety bond (Magistrate may obtain Aadhaar card or Bank pass Book to ensure identity); the petitioner shall report before the respondent police everyday at 10.30 a.m. until further orders; the petitioner shall not tamper with evidence or witness during investigation or trial; and the petitioner shall not abscond during investigation or trial.

Key takeaways

On breach of any of the conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; and if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.ratio¶31

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED - CRL OP No. 93 of 2025, High Court of Judicature at Madras (A.D. Jagadish Chandira J.), 20-01-2025: Petitioner Vinoth, apprehending arrest in Crime No.367 of 2024 (Sub Inspector of Police, PEW R.K.Pet, Thiruvallur District) for offences punishable under Sections 4(1)(C) read with Section 4(1)(A) of TNP (Amendment) Act, 2024, sought anticipatory bail. Prosecution version: petitioner/A3 with other accused in illegal possession of 5 liters of illicit arrack and 200 liters of fermented wash; no previous case pending against him. Taking note of the absence of previous cases, the court granted anticipatory bail: release in the event of arrest or on appearance within fifteen days before the learned Judicial Magistrate, Thiruttani, on a separate bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties for a like sum, failing which the petition stands dismissed. Conditions: photographs and left thumb impression on the surety bond with Aadhaar/bank passbook identity check; daily reporting before the respondent police at 10.30 a.m.; no tampering with evidence or witnesses; no absconding. On breach, the Magistrate/Trial Court may act as if the conditions were imposed by it, as laid down in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; absconding thereafter permits registration of a fresh FIR under Section 269 of BNS.