Crl OP No.2692 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-02-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 2692 of 2025 Kumar @ Nandha Kumar S/o Subramani @Samikannu, Erimedu Village, Peenjamandhai hills, Jarthankollai Post, Anaicut Taluk, Vellore District-632113 Petitioner(s) Vs The State Rep by Inspector of police, PEW-Vellore Police Station, Vellore District. (Crime No.553 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 Sections 4(1)(C), 4(1-A)(ii) of the Tamil Naud Prohibition (Amendment) Act, 2024, in Crime No.553 of 2024 on the file of the respondent police, seeks anticipatory bail. 1/4 https://www.mhc.tn.gov.in/judis Crl OP No.2692 of 2025 2.The case of the prosecution is that the petitioner along with other accused was found to be in illegal possession of 20 liters of illicit arrack and 700 liters of fermented wash. Hence the case. 3.The learned counsel for the petitioner would submit that the petitioner, aged about 33 years, is an innocent person and he has been falsely implicated in this case. He further submits that the entire contraband was seized and the 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 the petitioner along with other accused was found to be in illegal possession of 20 liters of illicit arrack and 700 liters of fermented wash and against the petitioner, there is no previous case. Hence, he opposed for the grant of anticipatory bail to the petitioner. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the 2/4 https://www.mhc.tn.gov.in/judis Crl OP No.2692 of 2025 materials available on record. 6.Considering the nature of allegations; that the petitioner has no previous cases; that the entire contraband was seized, 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 10.30 a.m until further orders. [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 3/4 https://www.mhc.tn.gov.in/judis Crl OP No.2692 of 2025 trial. SUNDER MOHAN, J. drl [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 drl To 1. The State Rep by Inspector of police, PEW-Vellore Police Station, Vellore District. (Crime No.553 of 2024) 4/4 https://www.mhc.tn.gov.in/judis