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Madras High Court
G.Sivakandan vs The State Rep By, on 22 May, 2026
CRL OP No. 13559 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP No. 13559 of 2026
G.Sivakandan
Son of Govindasamy,
No.2/85, Main Road, Pudhupalapattu,
Sankarapuram,
Kallakurichi District – 606 401.
..Petitioner/Accused
Vs
The State Represented By,
The Inspector of Police,
Sankarapuram Police Station,
Kallakuruchi District.
(Crime No.226 of 2026)
..Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on
anticipatory bail in the event of his arrest in Crime No.226 of 2026 pending
investigation on file of the respondent police.
For Petitioner : Mr.P.Krishnakumar
For Respondent : Mr.C.R.Malarvannan
Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on
19.05.2026 under Section 482 of 'Bharatiya Nagarik Suraksha Sanhita, 2023’
[henceforth 'B.N.S.S'] praying to grant an order of pre-arrest bail to him.
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2. The petitioner/Accused, apprehend the arrest at the hands of the
respondent police for the alleged offences punishable under Sections 4(1)(i) and
4(1-A) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.226 of
2026 on the file of the respondent police.
3. The case of the prosecution is that, while the respondent police were on
duty, the petitioner was found in illegal possession of 10 numbers brandy
bottles, each containing 180 ml. Hence, the case.
4. The learned counsel for the petitioner submitted that the petitioner is an
innocent person and he has been falsely implicated in this case. Hence, he
prayed to grant an order of pre-arrest bail to the petitioner.
5. The learned Government Advocate (Criminal Side) appearing for the
respondent police submitted that the petitioner was in illegal possession of 10
numbers brandy bottles, each containing 180 ml. He further submitted that the
petitioner has no previous cases pending against him. However, he prayed to
dismiss this Criminal Original Petition.
6.Heard on both sides. This Court has perused the records.
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7.Considering the above facts and circumstances of the case, the nature of
the offence alleged to have been committed by the petitioner and the fact that
the petitioner has got no previous cases, this Court is inclined to grant an order
of pre-arrest bail to the petitioner subject to the following conditions:
(i) The petitioner shall be released on bail in the event of his arrest or in
the event of his surrender before the learned District Judicial Magistrate,
Sankarapuram, within a period of 15 days from the date of receipt of a copy of
this order, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand
only), along with two sureties each for a like sum of Rs.10,000/- to the
satisfaction of the learned District Judicial Magistrate, Sankarapuram;
(ii) The sureties shall affix their photographs and left thumb impression in
the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal
Rules of Practice, 2019']. The learned District Judicial Magistrate,
Sankarapuram shall obtain a copy of any one of identity proofs to ensure their
identity;
(iii) The petitioner shall appear and sign before the respondent
Police, weekly once, i.e., every Monday at 10.00 a.m., until further orders;
(iv) The petitioner shall make himself available for interrogation by
police as and when required;
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(v) 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 them from disclosing such facts to the Court or to any police officer;
(vi) On breach of any of the aforementioned conditions, the learned
Judicial Magistrate/Trial Judge is entitled to pass appropriate orders against the
petitioner in accordance with law as if the aforementioned conditions are
imposed by themselves as laid down by the Hon’ble Supreme Court in
P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 5560].
8. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
22-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
RSI/DH
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.
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To
1.The District Judicial Magistrate,
Sankarapuram.
2.The Inspector of Police,
Sankarapuram Police Station,
Kallakuruchi District.
3.The Public Prosecutor,
High Court, Madras.
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R.SAKTHIVEL, J.
RSI
22-05-2026
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