Citation : 2026 Latest Caselaw 2501 Mad
Judgement Date : 13 May, 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 13.05.2026
PRESENT
THE HONOURABLE JUSTICE MR. K.K.RAMAKRISHNAN
CRL OP(MD).No.9423 of 2026
Pandian ... Petitioner /
Sole Accused
Vs.
The State represented by
The Inspector of Police,
Kadamalaikundu Police Station,
Theni District.
(Crime No.268 of 2026) ... Respondent /
Complainant
For Petitioner : Mr.Kannan Gurusami
For Respondent : Mr.M.Sakthi Kumar
Government Advocate (Crl.Side)
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS
1/6
https://www.mhc.tn.gov.in/judis
PRAYER :-
For Anticipatory Bail in Crime No.268 of 2026 on the file of the
respondent police.
ORDER :
The Court made the following order :-
The petitioner, who apprehends arrest at the hands of the
respondent police for the offences under Section 4(1)(C) of Tamil Nadu
Prohibition (Amendment) Act, in Crime No.268 of 2026 on the file of the
respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 02.05.2026, when the
respondent police was on patrol duty, the petitioner is in possessin of 149
liquor bottles. Hence, the complaint.
3.The learned counsel for the petitioner submitted that the
petitioner is an innocent person and he has not committed any offences as
alleged by the prosecution. Hence, he seeks anticipatory bail to the
petitioner.
https://www.mhc.tn.gov.in/judis
4. The learned Government Advocate (Crl.Side), on instructions,
submitted that the petitioner has fifty (50) previous cases. Out of them,
41 were disposed of. Hence, he strongly opposed the grant of
anticipatory bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the
case and considering the submission made by the learned counsel for the
petitioner and though the petitioner has 50 previous cases, 41 cases were
already disposed of, this Court is inclined to grant anticipatory bail to the
petitioner, with certain conditions.
6. Accordingly, the petitioner is ordered to be released on
anticipatory bail in the event of arrest or on his appearance, within a
period of fifteen days from the date of receipt of a copy of this order,
before the learned Judicial Magistrate, Aundipatti, Theni District, on
condition that the petitioner shall execute a bond for a sum of Rs.
10,000/- (Rupees Ten Thousand only) with sureties each for a like sum to
the satisfaction of the respondent police or the police officer who intends
https://www.mhc.tn.gov.in/judis to arrest or to the satisfaction of the learned Judicial Magistrate,
Aundipatti, Theni District, failing which, the petition for anticipatory bail
shall stand dismissed and on further condition 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 Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioner is directed to make a non-refundable deposit of a
sum of Rs.10,000/- (Rupees Ten thousand only) to the credit of the
Tiruchuli Bar Association, having account in Indian Overseas Bank,
Tiruchuli, Account No.247601000024274, IFSC No: IOBA0002476,
MICR Code:626020206; On such deposit being made, the learned
Magistrate shall accept the sureties furnished by the petitioner;
(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 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
https://www.mhc.tn.gov.in/judis 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] and;
(g) if the accused/petitioner thereafter abscond, a fresh FIR can be
registered under Section 269 of BNS, 2023.
13.05.2026 MGA
To
1.The Judicial Magistrate, Aundipatti, Theni District
2.The Inspector of Police, Kadamalaikundu Police Station, Theni District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4.The President, Thiruchuli Bar Association, Virudhunagar District.
https://www.mhc.tn.gov.in/judis K.K.RAMAKRISHNAN,J.,
MGA
ORDER IN
Date : 13.05.2026
https://www.mhc.tn.gov.in/judis
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