Anjalai vs The State Rep.By, The Inspector Of ...
2026 Latest Caselaw 1626 Mad

Citation : 2026 Latest Caselaw 1626 Mad
Judgement Date : 7 April, 2026

[Cites 4, Cited by 0]

Madras High Court

Anjalai vs The State Rep.By, The Inspector Of ... on 7 April, 2026

                                                                                     Crl.O.P.No.8127 of 2026
                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 07.04.2026

                                                             CORAM

                                  THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN

                                                   Crl.O.P.No.8127 of 2026

                   Anjalai                                                      ... Petitioner(s)

                                                               Vs.

                   The State rep. by
                   The Inspector of Police,
                   Snakarapuram Police Station,
                   Kallakurichi District.                                       ... Respondent(s)
                   Crime No.106 of 2026

                   PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023,
                   to enlarge the petitioner on bail concerned in Crime No.106 of 2026 pending on
                   the file of the respondent police.

                                    For Petitioner(s)          : Mr.D.Balaji

                                    For Respondent(s)          : Mr.S.Vinoth Kumar,
                                                                 Government Advocate (Crl.Side)

                                                             ORDER

The petitioner, who was arrested and remanded to judicial custody on

01.03.2026 for the alleged offences under Sections 4(1)(a) and 4(1)(i) of the

Tamil Nadu Prohibition Act, read with Sections 4(1)(c) and 4(1)(A) of the Tamil

Nadu Prohibition (Amendment) Act, in Crime No.106 of 2026 on the file of the

respondent police, seeks bail.

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2. It is the case of the prosecution that the petitioner, a woman aged about

59 years, was found in possession of 10 brandy bottles (180 ml each). Hence,

the case.

3. The learned counsel for the petitioner would submit that the petitioner

is innocent and has been falsely implicated in this case. He would further submit

that the petitioner has been in custody since 01.03.2026 and that, in any event,

her further custody is not required for the purpose of investigation. Hence, he

prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the

respondent police, while opposing the grant of bail, reiterated the prosecution

case and, on instructions, submitted that there are 39 previous cases against the

petitioner and that she has been granted bail in all those cases.

5. Considering the nature of the allegations, the period of incarceration,

the fact that the petitioner has been granted bail in the other cases, and also

considering that the petitioner is a woman and that her further custody is not

required for the purpose of investigation, this Court is inclined to grant bail to

the petitioner, subject to certain conditions.

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6. Accordingly, the petitioners are ordered to be released on bail on their

executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)

with two sureties each for a like sum to the satisfaction of the learned Judicial

Magistrate Court, Sankarapuram, Kallakurichi and subject to the following

conditions:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of 30 days and thereafter as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

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[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

07.04.2026 skr

Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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1. The learned Judicial Magistrate Court, Sankarapuram, Kallakurichi.

2. The Superintendent, Sub Jail, Villupuram

3. The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

4. The Public Prosecutor, High Court of Madras

https://www.mhc.tn.gov.in/judis

C.KUMARAPPAN,J.

skr

07.04.2026

https://www.mhc.tn.gov.in/judis