Clarifies that inherent bail jurisdiction under BNS 2023 § 483 applies to an owner prosecuted under TN Prohibition (Amendment) Act, 2024, upholding P.K. Shaji guidelines on surety verification and breach consequences
Summary
| Category | Data |
|---|---|
| Case Name | CRL OP/22453/2025 of SATHASIVAM Vs. State rep. By, The Sub-Inspector of Police |
| CNR | HCMA011761172025 |
| Date of Registration | 08-08-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | GRANTED |
| Judgment Author | HON’BLE DR. JUSTICE G. JAYACHANDRAN |
| Court | Madras High Court |
| Bench | Single Judge |
| Precedent Value | Binding on all subordinate courts within Madras High Court’s jurisdiction |
| Overrules / Affirms | Affirms the application of P.K. Shaji v. State of Kerala [(2005) 13 SCC 283] |
| Type of Law | Criminal Procedure – Bail |
| Questions of Law | Whether bail can be granted under Section 483 BNS 2023 to an accused under the Tamil Nadu Prohibition (Amendment) Act, 2024 and on what conditions |
| Ratio Decidendi |
The High Court held that under § 483 of BNS 2023 the inherent power to grant bail extends to an owner arrested merely by virtue of persons consuming liquor on his premises. Considering the nature of the offence and the absence of direct involvement, bail was granted with conditions. The court imposed surety safeguards—photograph, left thumb impression and identity proof—pursuant to Criminal Rules 2019 Form No. 46. It endorsed P.K. Shaji’s principle that breach of conditions empowers the trial court to take remedial action as though it itself granted bail. |
| Judgments Relied Upon | P.K. Shaji v. State of Kerala [(2005) 13 SCC 283] |
| Logic / Jurisprudence / Authorities Relied Upon by the Court |
|
| Facts as Summarised by the Court | On patrol duty police found persons consuming alcohol near the petitioner’s bunk shop; consumers fled and could not be arrested; the petitioner, as shop owner, was arrested under § 4(1)(B) of the Tamil Nadu Prohibition (Amendment) Act, 2024. |
| Citations | (2005) 13 SCC 283 [P.K. Shaji] |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Madras High Court’s jurisdiction |
| Persuasive For | Other High Courts considering bail under BNS 2023 § 483 |
| Follows | P.K. Shaji v. State of Kerala [(2005) 13 SCC 283] |
What’s New / What Lawyers Should Note
- Confirms that § 483 of BNS 2023 grants inherent bail power even in offences under state prohibition enactments.
- Mandates surety verification by photograph, left thumb impression and identity proof as per Criminal Rules 2019 Form No. 46.
- Endorses P.K. Shaji’s breach-consequence mechanism: trial court can impose or cancel bail on condition breach as if it originally granted bail.
Summary of Legal Reasoning
- Identified § 483 BNS 2023 as empowering High Court to grant bail in the absence of a specific statutory prohibition.
- Evaluated the nature of the offence under TN Prohibition (Amendment) Act, 2024: mere ownership of premises without direct consumption.
- Applied P.K. Shaji for structuring bail conditions and empowering trial court to act on breach.
- Incorporated procedural safeguards from Criminal Rules 2019 Form No. 46 to ensure surety credibility.
- Ordered release on bail with monetary bond, sureties, and standard attendance condition.
Arguments by the Parties
Petitioner
- Owner was not personally caught consuming or supplying; consumers fled.
- Continuation of custody amounts to abuse of process given lack of direct involvement.
Respondent
(No specific opposing submissions recorded in the order.)
Factual Background
On 28.07.2025, police on patrol discovered individuals consuming alcohol near the petitioner’s bunk shop. Upon spotting police, those individuals escaped and evaded arrest. The petitioner, as the shop owner, was arrested under Section 4(1)(B) of the Tamil Nadu Prohibition (Amendment) Act, 2024, leading to this bail petition under § 483 BNS 2023.
Statutory Analysis
- Section 4(1)(B), Tamil Nadu Prohibition (Amendment) Act, 2024: offence for permitting consumption.
- Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023: inherent power to grant bail.
- Criminal Rules of Practice, 2019 (Form No. 46): requirements for surety identification (photograph, left thumb impression, identity proof).
Procedural Innovations
- Institutionalizes biometric and photographic verification of sureties in bail proceedings.
- Clarifies application of breach-consequence framework under P.K. Shaji in the BNS 2023 context.
Alert Indicators
- ✔ Precedent Followed
Citations
- P.K. Shaji v. State of Kerala [(2005) 13 SCC 283], paras ___