B Indhuraj vs State Rep By, The Inspector Of Police
2026 Latest Caselaw 2788 Mad

Citation : 2026 Latest Caselaw 2788 Mad
Judgement Date : 22 May, 2026

[Cites 2, Cited by 0]

Madras High Court

B Indhuraj vs State Rep By, The Inspector Of Police on 22 May, 2026

                                                                            CRL OP No. 13615 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. 13615 of 2026
                B.Indhuraj
                S/o.Balan
                132/1, V S Colony,
                Sanarpalayam Road,
                Thiruchengode,
                Namakkal District - 637 209.
                                                                    ..Petitioner/Accused No.2
                                                        Vs
                State rep by,
                The Inspector of Police,
                Tiruchengode Town Police Station,
                Namakkal District.
                (Crime. No 133 of 2026)
                                                                    ..Respondent/Complainant

                PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya
                Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on the Bail in
                the event of his arrest in Crime No.133 of 2026 pending investigation on the file
                of the respondent police.


                              For Petitioner :       Mr.C.S Saravanan

                              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 No.2, apprehend the arrest at the hands of the

respondent police for the alleged offences punishable under Sections 4(1)(A) of

Tamil Nadu Prohibition (Amendment) Act, 2024 r/w 24 of Tamil Nadu

Prohibition Act in Crime No.133 of 2026 on the file of the respondent police.

3. The case of the prosecution is that the petitioner along with Accused

No.2 were running a TASMAC Bar. While the respondent-police were on duty,

the petitioner and Accused No.2 were found in illegal possession of 20 numbers

of 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 along with Accused No.2 was

found in illegal possession of 20 numbers of brandy bottles, each containing

180 ml. He further submitted that the petitioner has twelve (12) previous cases

pending against him. Hence, he prayed to dismiss this Criminal Original

Petition.

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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

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,

Tiruchengode, 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, Tiruchengode;

(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 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 pay a sum of Rs.10,000/- (Rupees Ten

Thousand Only) as cost to the Tamil Nadu Advocate Clerk Association,

Chennai (Account No.484026006, Indian Bank, High Court Branch, IFSC __________ Page3 of 6 https://www.mhc.tn.gov.in/judis

NO.IDIB000M157).

(v) The petitioner shall make himself available for interrogation by police

as and when required;

(vi) 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;

(vii) On breach of any of the aforementioned conditions, the learned

Judicial Magistrate, Tiruchengode/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

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