Citation : 2026 Latest Caselaw 2488 Mad
Judgement Date : 13 May, 2026
Crl.O.P.No.12339 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP NO.12339 of 2026
Thilaga R. ... Petitioner/ Accused
Vs
The State rep. by,
The Sub-Inspector of Police,
PEW Villupuram Police Station,
Villupuram District.
(Crime No.9 of 2026) ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the
petitioner/accused in Crime No.9 of 2026 on the file of the respondent police.
For Petitioner(s) : Mr. R. Sasikumar
For Respondent(s) : Mr. S. Balaji
Government Advocate (Crl. Side)
*******
ORDER
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The petitioner apprehends arrest for the alleged offences punishable
under Section 4(1-A)(ii), 14A of TNP Act and under Sections 4(1)(B), 4(1)
(A) of TNP (Amendment) Act, 2024 in Crime No.9 of 2026 on the file of the
respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 24.03.2026, while the
respondent police conducted vehicle checkup, they found the accused were
involved in illegal transportation of 900 bottles of Blue Grape Brandy (180ml
each) and 50 packets of ID arrack in a Hyundai car without any valid license;
that upon confession of the arrested accused, the petitioner was arrayed as an
accused. Hence, this case.
3. The learned counsel appearing for the petitioner would submit
that the petitioner is innocent and she has been falsely implicated in this case
based on the confession of the co-accused. He further submitted that the
petitioner is ready and willing to furnish substantial sureties for his due
release and to abide by any conditions that may be imposed by this Hon'ble
Court and therefore, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing
for the respondent police while opposing the anticipatory bail to the
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petitioner, reiterated the prosecution case and submitted that the petitioner
has 20 previous cases of similar nature. He further submitted that the co-
accused were arrested and released on bail.
5. Considering the rival submissions made on both sides, the nature
of offence, the fact that the co-accused were already enlarged on bail and
though the petitioner has previous cases, the petitioner was granted bail in all
those cases, hence 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, within a period of fifteen days from
the date on which the order copy made ready, before the learned
Judicial Magistrate, Thiruthani 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 Magistrate
concerned and on further condition that:
[a] the petitioner shall stay at Thiruvannamalai and report before the Inspector of Police, Thiruvannamalai Town Police Station daily at 10.30 a.m., for a period of thirty days and thereafter, as and when required for interrogation by the
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respondent police;
[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer;
[c] the petitioner shall not leave India without the previous permission of the Court;
[d] the petitioner shall not abscond either during investigation or trial.
[e] 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 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 B.N.S.
13.05.2026 stn
https://www.mhc.tn.gov.in/judis
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.
To
1. The Judicial Magistrate, Thiruthani.
2. The Sub-Inspector of Police, PEW Villupuram Police Station, Villupuram District.
(Crime No.9 of 2026)
3. The Inspector of Police, Thiruvannamalai Town Police Station.
4. The Public Prosecutor, High Court of Madras.
P. DHANABAL, J.
stn
https://www.mhc.tn.gov.in/judis
13.05.2026
https://www.mhc.tn.gov.in/judis
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