Crl OP No.2604 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-02-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 2604 of 2025 Manoharan S/o Duraisamy, Kundurani, Jarthankollai, Vellore District-632113. Petitioner(s) Vs The State Rep.By, Inspector Of Police, PEW-Vellore Police Station, Vellore District. (Crime No.601 of 2024) Respondent(s) For Petitioner(s): M Mariappan For Respondent(s): Mr.S.Balaji, Government Advocate (Crl.Side) ORDER The Petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 4(1)(A), 4(1-A)(ii) of the Tamil Nadu Prohibition (Amendment) Act, 2024 and 123 of BNS 2023, in Crime No.601 of 2024, on the file of the respondent police, seeks anticipatory bail. 1/4 https://www.mhc.tn.gov.in/judis Crl OP No.2604 of 2025 2.The case of the prosecution is that the accused was found to be in illegal possession of 4 liters of illicit arrack in a cane, 120 liters of illicit arrack in a three lorry tube and 14 numbers of Atrophine substance without any valid permission. Hence the case. 3.The learned counsel for the petitioner would submit that the petitioner, aged about 42 years, is an innocent person and he has been falsely implicated in this case. He further submits that based on the confession of the arrested accused, this petitioner was arrayed as an accused, and custodial interrogation is not required in this case. Hence, he prayed for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would submit that on 26.11.2024 at about 9.00 a.m, when the respondent police was on patrol duty, at the time they found that the accused were found to be in possession of 4 liters of illicit arrack in a cane, 120 liters of illicit arrack in a three lorry tube and 14 numbers of Atrophine substance without any license and against the petitioner herein, there is no previous case. 2/4 https://www.mhc.tn.gov.in/judis Crl OP No.2604 of 2025 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record. 6.Considering the nature of allegations; that the petitioner has no previous cases; that the petitioner is sought to be implicated on the confession of the co-accused, and that custodial interrogation of the petitioner is not required for the investigation, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: (a) 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 of receipt of a copy of this order, before the Judicial Magistrate No.III, Vellore, on condition that the petitioner shall execute 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 police officer who intends to arrest or to the satisfaction of the said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [b] the petitioner shall report before the respondent police daily at 3/4 https://www.mhc.tn.gov.in/judis Crl OP No.2604 of 2025 10.30 a.m until further orders. SUNDER MOHAN, J. drl [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 BNS. 04-02-2025 To 1. The State Rep.By, Inspector Of Police, PEW-Vellore Police Station, Vellore District. (Crime No.601 of 2024) 4/4 https://www.mhc.tn.gov.in/judis