Citation : 2026 Latest Caselaw 2787 Mad
Judgement Date : 22 May, 2026
CRL OP No. 13539 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. 13539 of 2026
Karthi @ Mothu Karthi
S/o.Narayanasamy,
No.207, Veerapanjalipuram,Kollaimedu,
Karadikudi, Ongapadi, Anaicut Taluk,
Vellore District.
..Petitioner/Sole Accused
Vs
State rep by,
The Inspector of Police
Veppamkuppam Police Station,
Vellore District,
Crime No. 96 of 2026
..Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in the
event of arrest by the respondent police in Crime No.96 of 2026 on the file of
the respondent police station.
For Petitioner : Mr.Thirumoorthy, D.
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’
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)(A)
and 4(1)(C) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.96
of 2026 on the file of the respondent police.
3. The case of the prosecution is that on 19.04.2026, while the respondent
police were on duty, the petitioner was found in illegal possession of 40
numbers liquor 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 40
numbers of liquor bottles, each containing 180 ml. He further submitted that the
petitioner has got eleven (11) previous cases. Hence, he prayed to dismiss this
Criminal Original Petition.
6.Heard on both sides. This Court has perused the records.
7.Considering the above facts and circumstances of the case, the nature of
the offence alleged to have been committed by the petitioner and also with a
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view to give one more opportunity to the petitioner to reform himself, 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 Judicial Magistrate No.III,
Vellore, 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 Judicial Magistrate No.III, Vellore;
(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 Judicial Magistrate No.III, Vellore 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, daily at 10.00 a.m., until further orders;
(iv) The petitioner shall make himself available for interrogation by
police as and when required;
(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;
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(vi) On breach of any of the aforementioned conditions, the learned
Judicial Magistrate No.III, Vellore/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 Judicial Magistrate No.III, Vellore.
2.The Inspector of Police, Veppamkuppam Police Station, Vellore District
3.The Public Prosecutor, High Court, Madras.
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R.SAKTHIVEL, J.
RSI
22-05-2026
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