Citation : 2026 Latest Caselaw 2600 Mad
Judgement Date : 14 May, 2026
CRL OP No. 12748 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
CRL OP No. 12748 of 2026
1. Kannan
S/o Saravanan, No. 53 Mani Road
Vizhithiyur Karaikal Taluk and District
and another
2. Jothi Basu
S/o Jayapal, 22 Kanni Kovil street
Sellur, Thirunallur Karaikal taluk and
District
J 22 Kanni Kovil street
Sellur,Thirunallur Petitioner(s)
Vs
1. State by Inspector of Police
Prohibition Enforcement Wing,
Nanilam Thiruvarur District (Crime
No.280 of 2026) Respondent(s)
PRAYER: Petition filed under Section 482 of BNSS, 2023 to enlarge the
petitioners on Anticipatory Bail in the event of their arrest pending investigation
in Crime No.280 of 2026 on the file of the respondent and thus render justice.
For Petitioner(s): Mr.T.Muruganantham
For Respondent(s): Mr.A.Gopinath
Government Advocate (Crl.Side)
ORDER
The petitioners / Accused, who apprehend arrest in the hands of the
respondent police for the offences punishable under Sections 4(1-A)(ii), 4(1)(C)
of TNP Act in connection with the case in Crime No.280 of 2026, seek
anticipatory bail.
https://www.mhc.tn.gov.in/judis
2. The case of the prosecution is that on their routine raid found the
petitioners were possession of 180 bottles of 180 ML Liquor Pondicherry
arrack. Hence, the case.
3. Learned counsel for the petitioners would contend that the petitioners
are innocent; that they have been falsely implicated in this case and that they
have no previous case, hence prayed to grant anticipatory bail to the petitioner
4. The learned Government Advocate (Criminal Side) would submit that
on the routine raid of prosecution they found the petitioners were in possession
of 180 bottles of 180 ML Liquor Pondicherry arrack and no previous case is
pending against the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made on either side, nature of
offence, quantity involved in this case and no previous cases are pending against
the petitioners, this Court is inclined to grant anticipatory bail to the petitioners
on certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the
event of arrest or on their appearance within a period of fifteen days from the
date of receipt of a copy of this order, before the learned Judicial Magistrate,
Nannilam on condition that the petitioners 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 respondent Police or the Police officer who intends
to arrest or to the satisfaction of the learned Magistrate concerned, failing
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which, the petition for anticipatory bail shall stand dismissed and on further
conditions that:
[a] the petitioners 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 petitioners shall report before the respondent police every
Saturday at 10.30 a.m., for a period of four weeks;
[c] the petitioner shall not tamper with evidence or witness either during
investigation or trial.
[d] the petitioners 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.
14-05-2026 dhk Index:Yes/No Speaking/Non-speaking order Internet:Yes
https://www.mhc.tn.gov.in/judis
Neutral Citation:Yes/No 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 official website of this Court will be watermarked and will also have a QR code
To
1.State by Inspector of Police Prohibition Enforcement Wing, Nanilam Thiruvarur District (Crime No.280 of 2026)
2.The Judicial Magistrate, Nannilam
3.The Public Prosecutor, Madras High Court
https://www.mhc.tn.gov.in/judis
P.DHANABAL J.
dhk
CRL OP No. 12748 of
14-05-2026
https://www.mhc.tn.gov.in/judis
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