Citation : 2026 Latest Caselaw 2372 Mad
Judgement Date : 7 May, 2026
CRL OP No. 11598 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 11598 of 2026
Saraswathi
..Petitioner(s)
Vs
The Inspector of Police,
Mathigiri Police Station,
Krishnagiri District.
Crime No.118 of 2026
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 482 of BNSS,
2023, to enlarge the Petitioner on bail in the event of her arrest by the
Respondent Police in Crime No. 118 of 2026 subject to such conditions as this
Honble Court may deem fit to impose and thus render justice.
For Petitioner(s): M/s.C.Santhoshkumar
For Respondent(s): Mr.A.Gopinath,
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)(B) of Tamil Nadu
Prohibition (Amendment) Act, 2024 in Crime No.118 of 2026, on the file of
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the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner is ranked as A2 and
this petitioner illegally smuggling of prohibited liquors of 73.98 litres. Hence
this case.
3. The learned counsel appearing for the petitioner submitted that the
petitioner has been falsely implicated in this case and the petitioner has not
committed any offence. He seeks this Court to grant anticipatory bail to the
petitioner.
4. The learned Government Advocate (Crl. side) appearing for the
respondent submitted that the offences committed by the petitioner are serious
in nature and two previous cases are pending against the petitioner.
5. Considering the facts and circumstances of the case, this Court is
inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event
of arrest or on her appearance, 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 learned Judicial Magistrate No.II,
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Hosur, within a period of fifteen days from the date on which the order made
ready and on further conditions that:
[a] the petitioner and the sureties shall affix their photographs and left
thumb impression in the surety bond and the Magistrate may obtain a copy of
their Aadhaar card or bank pass book to ensure their identity.
[b] The petitioner shall deposit a sum of Rs.20000/-(Rupees Twenty
Thousand only) non-refundable, to the account of CANCER INSTITUTE
(WIA), maintained with Andhra Bank, Madhya Kailash Branch, bearing
SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch
Code 1497 and MICR No.600011049 and the receipt of such payment shall be
produced before the concerned Magistrate at the time of execution of the bond
for the purpose of ensuring the identity.
[c] the petitioner shall report before the respondent police daily at
10.30 a.m., until further orders.
[d] the petitioner shall not tamper with the evidence or witness either
during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[f] 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 is 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
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[(2005)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can be registered under
Section 269 of BNS.
07-05-2026 RNA
To
1. The learned Judicial Magistrate No.II, Hosur.
2. The Inspector of Police, Mathigiri Police Station, Krishnagiri District.
3. The Public Prosecutor, High Court, Madras.
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L.VICTORIA GOWRI, J.
RNA
07-05-2026
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