Ayyappan vs State Rep. By The Inspector Of Police,
2026 Latest Caselaw 2791 Mad

Citation : 2026 Latest Caselaw 2791 Mad
Judgement Date : 22 May, 2026

[Cites 1, Cited by 0]

Madras High Court

Ayyappan vs State Rep. By The Inspector Of Police, on 22 May, 2026

                                                                               Crl.O.P.No.12508 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 22.05.2026

                                                         CORAM

                                     THE HON'BLE MR. JUSTICE R.SAKTHIVEL

                                                Crl.O.P.No.12508 of 2026
                     1. Ayyappan
                        S/o. Ramar

                     2. Usharani
                        W/o. Ayyappan
                        Both are residing at
                        No.126, 2/5 Main Road,
                        Kuthappan Kudikadu, Tittakudi,
                        Cuddalore District.                        ... Petitioners/Accused-1 & 2

                                                           Vs.
                     The State rep. by
                     The Inspector of Police,
                     Ramanatham Police Station,
                     Cuddalore District.
                     (Crime No.48 of 2026)                           ...Respondent/Complainant

                     PRAYER: Criminal Original Petition filed under Section 482 of
                     Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the
                     petitioners on bail in the event of apprehending arrest in Crime No.48 of
                     2026 on the file of the respondent police.


                                      For Petitioners   : Mr.P.Muthamizh Selvakumar
                                      For Respondent : Mr.C.R.Malarvannan
                                                       Government Advocate (Criminal Side)

                     1/6




https://www.mhc.tn.gov.in/judis
                                                                                     Crl.O.P.No.12508 of 2026

                                                           ORDER

This Criminal Original Petition has been filed by the petitioners on

12.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita,

2023 praying to grant an order of pre-arrest bail.

2. The petitioners apprehend arrest at the hands of the respondent

Police for the offences punishable under Sections 4 (1) B of Tamil Nadu

Prohibition (Amendment) Act, 2024 in Crime No.48 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 petitioners were found in illegal possession of 7 vorion

bottles, each containing 180 ml. Hence, the complaint.

4. The learned counsel for the petitioners submits that the

petitioners are innocent persons and they have been falsely implicated in

this case. Hence, he prays for grant of pre-arrest bail to the petitioners.

5. The learned Government Advocate (Criminal Side) appearing

for the respondent police submitted that the petitioners were illegally

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transporting 7 bottles of I.D. Arrack without any permission of the

Government. Hence, he prayed to dismiss this Criminal Original Petition.

6. Heard both sides.

7. Considering the above facts and circumstances of the case, the

nature of the offence alleged to have committed by the petitioners, this

court is inclined to grant an order of pre-arrest bail to the petitioners

subject to the following conditions.

(i) The petitioners shall be released on bail in the event of their

arrest or in the event of their surrender before the learned Judicial

Magistrate, Tittakudi 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,

Tittakudi;

(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

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Magistrate, Tittakudi shall obtain a copy of any one of their identity

proofs to ensure their identity;

(iii) The petitioners shall appear and sign before the respondent

police, daily at 10.00 a.m until further orders;

(iv) The petitioners shall make themselves available for

interrogation by police as and when required;

(v) The petitioners 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, Tittakudi/Trial Court is entitled to pass appropriate

orders against the petitioners 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 283].

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9. Accordingly, this Criminal Original Petition is allowed subject to

the conditions stated supra.

22.05.2026 Index : Yes/No Internet : Yes/No dh/rsi

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.