High Court · 2025

CRL.OP(MD) No.3813 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 28.02.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD) No.3813 of 20251.Kaliyaperumal2.Sumathi... Petitioners / Accused Nos.1 & 2Vs.The State of Tamil Nadu rep byThe Inspector of Police,Pandhanallur Police Station,Thanjavur District.(Crime No.602 of 2024)... Respondent / ComplainantPRAYER :- The Criminal Original Petition filed under Section 483 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioners inCrime No.602 of 2024 on the file of the respondent-police. For Petitioners : Mr.K.M.Karunakaran, Advocate For Respondent : Mr.K.Sanjai Gandhi,Government Advocate(Criminal Side)1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD) No.3813 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioners on 26.02.2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioners were arrested and remanded to judicial custody on 20.12.2024for the alleged offences punishable under Sections 4(1)(A) read with 4(1-A)(ii) of theTamil Nadu Prohibition Amendment Act, in Crime No.602 of 2024 on the file of therespondent-police.3. The case of the prosecution is that on 20.12.2024, when the respondent-policewas on regular patrol duty at Karuppur Village, the petitioners and another person(A3), upon seeing the police party, attempted to escape. However, the respondent-police apprehended the petitioners (A1 and A2), while A3 fled from the scene. Oninquiry, it was found that the accused persons were in illegal possession of 1500liquor bottles, each containing 180 ml., which they intended to sell at a higher rate.Additionally, the accused persons had mixed drugs in large quantities in the saidbottles to sell them at inflated prices. Further inquiry revealed that the liquor bottles2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD) No.3813 of 2025were purchased from A4 and A5 in Pondicherry for sale in Tamil Nadu. Hence, thecase.4. Mr.K.M.Karunakaran, the learned counsel for the petitioners, submits thatthe petitioners are innocent persons and they have not committed any offence asalleged by the prosecution. He further submits that the petitioners have been injudicial custody since 20.12.2024. He further submits that a false case has been foistedagainst the petitioners. He, however, submits that the petitioners are ready to abideby any stringent conditions that may be imposed by this Court. Accordingly, heprays to grant bail to the petitioners.5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that the petitioners were found inpossession of 1500 liquor bottles, each containing 180 ml, purchased fromPondicherry, and attempted to sell the same to the general public by adding drugs inlarge quantities to the said bottles, which could endanger the lives of the generalpublic. He further submits that the petitioners have been arrayed as A1 and A2. Hefurther submits that A1 has eleven (11) previous cases in which 9 cases are similar innature and A2 has three (3) previous cases, which are all similar in nature. He further3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD) No.3813 of 2025submits that if bail is granted to the petitioners, they may commit the similaroffences. Therefore, he vehemently opposes to grant bail to the petitioners.6. Heard on both sides. This Court has perused the records.7. Considering the previous cases pending against the first petitioner, this Courtis not inclined to grant bail to the first petitioner. In such circumstances, the learnedcounsel appearing for the petitioners seeks permission of this Court to withdraw thispetition in respect of the first petitioner is concerned. This Court does grantpermission to withdraw the original petition in regard to the first petitioner isconcerned. 8. As far as the second petitioner is concerned, the second petitioner wasarrested and has been in incarceration since 20.12.2024. Considering the fact that thesecond petitioner is a woman and also considering the period of incarceration, thisCourt is inclined to grant bail to the second petitioner, however, subject to thefollowing conditions: (i) The second petitioner shall execute a bond for Rs.25,000/- (Rupees4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD) No.3813 of 2025Twenty Five Thousand only) along with two sureties each for a like sum ofRs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of thelearned Judicial Magistrate, Thiruvidaimaruthur.(ii) The sureties shall affix their photographs and left thumbimpression in the Application for Suretyship [Judicial Form No.46 annexedto 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrateshall obtain a copy of any one of identity proofs to ensure their identity.(iii) The second petitioner shall appear and sign before the learnedJudicial Magistrate, Thiruvidaimaruthur, on all working days at 10.30 a.m.and 05.30 p.m. until further orders.(iv) The second petitioner shall attend in accordance with theconditions of the bond to be executed under Chapter XXXV of BNS, 2023.(v) The second petitioner shall not commit an offence similar to theoffence of she is accused, or suspected, of the commission of which she issuspected.5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD) No.3813 of 2025(vi) The second petitioner shall not directly or indirectly make anyinducement, threat or promise to any person acquainted with the facts of thecase so as to dissuade him from disclosing such facts to the Court or to anypolice officer or tamper with the evidence.(vii) The second petitioner shall also not directly or indirectly, causeany threat to the witnesses.(viii) The second petitioner shall furnish her residential address andmobile number to the learned Judicial Magistrate, Thiruvidaimaruthur.(ix) On breach of any of the aforementioned conditions, the learnedJudicial Magistrate or Trial Court is entitled to pass appropriate ordersagainst the second petitioner in accordance with law as if theaforementioned conditions are imposed by him as laid down by the Hon'bleSupreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].9. Accordingly, this Criminal Original Petition is dismissed as not pressed6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD) No.3813 of 2025insofar as the first petitioner is concerned and is allowed insofar as the secondpetitioner is concerned subject to the conditions stated supra. sd/- 28/02/2025 / TRUE COPY / 28/02/2025 Sub-Assistant Registrar (PA-I) Madurai Bench of Madras High Court, Madurai - 625 023. pal TO1.THE JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.3.THE OFFICER-IN-CHARGE, SUB-JAIL, KUMBAKONAM.4.THE INSPECTOR OF POLICE, PANDHANALLUR POLICE STATION, THANJAVUR DISTRICT.5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-2275[I] dated 28/02/2025 ) ORDER IN CRL OP(MD) No.3813 of 2025 Date :28/02/2025RK (28/02/2025) 7P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023 7/7