Crl.O.P.No.32309 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.01.2025 CORAM THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.32309 of 2024 Palanisamy ... Petitioner Vs. The State represented by, The Inspector of Police, Kariyakovil Police Station, Salem District. (Crime No.61 of 2022). ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of BNSS, pleased to enlarge the petitioner on bail in the event of his arrest in Crime No.61 of 2022 on the file of the respondent police. For Petitioner : Mr.T.Ganesan For Respondent : Mr.S.Santhosh, Government Advocate (Crl.Side) O R D E R Apprehending arrest in connection with Crime No.61 of 2022 registered for the offence punishable under Sections 4(1)(g), 4(1)(a) and 4(1-A) of Tamilnadu Prohibition Act, the present petition has been filed seeking anticipatory bail. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32309 of 2024 2. The case of the prosecution is that when the respondent and his team were on their regular patrol duty, they found that the accused was in illegal possession of 800 liters of fermented wash and 14 liters of ID arrack near the accused person's land. Hence the case. 3. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would submit that this the second application for anticipatory bail filed by the petitioner and this Court had dismissed the earlier bail application filed in Crl.O.P.No.28617 of 2024 vide order dated 15.11.2024 on the ground that the petitioner has got three previous cases. However, on verification, it is found that the petitioner has no previous case against him. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. 4. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, is that the accused was found to be in illegal possession of 800 liters of fermented wash and 14 liters of ID arrack. He would further submit that the petitioner has no previous case. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32309 of 2024 5. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6. 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 Magistrate No.I, Attur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties, each 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: [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 his Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders; 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32309 of 2024 [c] the petitioner shall not tamper with 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 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 B.N.S. 07.01.2025 drl To 1. The Inspector of Police, Kariyakovil Police Station, Salem District. 2. The Public Prosecutor, High Court, Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32309 of 2024 A.D.JAGADISH CHANDIRA, J. drl Crl.O.P.No.32309 of 2024 07.01.2025 5/5 https://www.mhc.tn.gov.in/judis