Citation : 2026 Latest Caselaw 2413 Mad
Judgement Date : 7 May, 2026
Crl.O.P.No.11931 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI
CRL OP NO.11931 of 2026
Rajamani ... Petitioner/ Accused
Vs
The State rep. by,
The Inspector of Police,
Pappireddipatti Police Station,
Dharmapuri District.
(Crime No.30 of 2026) ... Respondent
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in
Crime No.30 of 2026 on the file of the respondent police.
For Petitioner(s) : Mr. M. Arun
For Respondent(s) : Mr. V.J. Priyadarsana
Government Advocate (Crl. Side)
*******
ORDER
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The petitioner, who was arrested and remanded to judicial custody on
02.03.2026 for the offences punishable under Sections 4(1)(c) r/w 4(1-A)(ii)
of TNP Act in Crime No.30 of 2026, registered on the file of the respondent
police, seeks bail.
2. The case of the prosecution is that on 02.03.2026, while the
respondent were conducting inspection at Ammapalayam village, they found
that the petitioner was in illegal possession of 28 nos. of Government Liquor
bottles. Hence, this case.
3. The learned counsel appearing for the petitioner submitted that
the petitioner has been falsely implicated in this case and she is in judicial
custody since 02.03.2026. It is further submitted that the petitioner is ready
to cooperate with the investigation and will appear before the respondent
police as and when required. He further submitted that the petitioner, without
prejudice to her rights, is ready to deposit a sum of Rs.50,000/- to any
welfare scheme of the Government or any other organization. Hence, he
prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the
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respondent, while opposing the bail to the petitioner, reiterated the
prosecution's case and submitted that the petitioner was involved in 70
previous cases of similar offence.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, the
submissions made by the learned counsels on either side and the period of
incarceration undergone by the petitioner, this Court is inclined to grant bail
to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on
her executing 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, Pappireddipatti, Dharmapuri District and on further
conditions that:
[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 deposit a sum of
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Rs.50,000/-(Rupees Fifty Thousand only) (Non refundable) towards the account of CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code 1497, MICR No.600011049 and to produce the Bank Challan before the learned Judicial Magistrate, Pappireddipatti, Dharmapuri District and the receipt shall be produced at the time of executing the bond;
[c] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;
[d] the petitioner shall make herself available for interrogation by a Police Officer as and when required;
[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;
[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been
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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)13 SCC 283];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
07.05.2026 stn/ dpa
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.
L. VICTORIA GOWRI, J.
stn/ dpa
To
1. The Judicial Magistrate, Pappireddipatti,
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Dharmapuri District.
2. The Inspector of Police, Pappireddipatti Police Station, Dharmapuri District.
(Crime No.30 of 2026)
3. The Superintendent, Women's Sub Jail, Dharmapuri.
4. The Public Prosecutor, High Court of Madras.
07.05.2026
https://www.mhc.tn.gov.in/judis
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