Sanjeev vs Home, Prohibition And Excise ...
2026 Latest Caselaw 2482 Mad

Citation : 2026 Latest Caselaw 2482 Mad
Judgement Date : 13 May, 2026

[Cites 1, Cited by 0]

Madras High Court

Sanjeev vs Home, Prohibition And Excise ... on 13 May, 2026

                                                                               CRL OP No. 12502 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                       DATED: 13-05-2026
                                                           CORAM
                                       THE HON'BLE MR.JUSTICE P. DHANABAL

                                                  CRL OP No. 12502 of 2026

                 Sanjeev
                                                                                      ..Petitioner(s)
                                                              Vs
                 State represented by
                 The Sub Inspector of Police,
                 Pernambut Police Station,
                 Pernambut.
                 Crime No.89 of 2026.
                                                                                    ..Respondent(s)

                          Criminal Original Petition filed under Section 483 of BNSS to enlarge the
                petitioner on bail pending investigation in Crime No.89 of 2026 on the file of
                the Sub Inspector of Police, Pernambut Police Station, Pernambut, Vellore
                District and thus render justice.


                                  For Petitioner(s):        Mr.G.Vinodhkumar

                                  For Respondent(s):        Mr.R.Vinothraja,
                                                            Government Advocate (Crl. Side)


                                                           ORDER

The petitioner/accused, who was arrested and remanded to judicial

custody on 30.03.3026 for the offences under Sections 4(1)(C), 4(1)(A), 4(1-A)

(ii) of Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.89 of

2026 on the file of the respondent Police, seeks bail.

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2.The case of the prosecution is that, on 17.03.2026 at about 08.00 a.m.,

based on the secret information, when the respondent Police conducted a raid at

Suryamakka Hill under Pernambut Police Station limits, they found that illicit

liquor was being prepared in a concealed rocky area. On inspection, it was

found to be 200 litres of illicit arrack wash and 2 litres of I.D. Arrack. Hence,

the case.

3.Learned counsel for the petitioner would submit that this is the second

bail application. The petitioner is innocent and a law abiding citizen and he has

been falsely implicated in this case. The learned counsel would further submit

that the petitioner is in custody for more than a month and in all the five

previous cases pending against the petitioner, bail was granted to him, and he is

ready to abide by any conditions that may be imposed by this Court. Hence, he

prays for grant of bail.

4.Per contra, Mr.R.Vinothraja, Government Advocate (Crl. Side),

appearing for the respondent Police, would submit that the petitioner was found

to be in illegal possession of 200 litres of illicit arrack wash and 2 litres of I.D.

Arrack. He further submitted that the petitioner has 5 previous cases of similar

nature and thereby, he strongly opposed for grant of bail to the petitioner.

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5.Heard both sides and perused the materials available on record.

6.Considering the nature of offence and considering the period of

incarceration undergone by the petitioner from 30.03.2026 and also considering

that, in all the 5 previous cases pending against the petitioner, he has been

released on bail, and considering all others factors, I am inclined to grant bail to

the petitioner, subject to certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail on his

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, Gudiyatham, and on further conditions that:-

[a] the petitioner shall report before the Pernambut Police Station,

Pernambut, daily at 10.30 a.m., for 30 days.

[b] the petitioner shall not commit any offences of similar nature.

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

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

investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Judicial

Magistrate/Trial Court is entitled to take appropriate action against the

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petitioner in accordance with law as if the conditions have been 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)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under

Section 269 BNS.

13-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

MKN

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.

1.The Judicial Magistrate, Gudiyatham.

2.The Sub Inspector of Police, Pernambut Police Station, Pernambut.

Crime No.89 of 2026.

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3.The Public Prosecutor, High Court, Madras.

4.The Superintendent, Central Prison, Vellore.

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P.DHANABAL J.

MKN

13-05-2026

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