Gowri v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.364 of 2026 Gowri ... Petitioner Vs.

The State represented by The Inspector of Police, Anandapuram Police Station, Villupuram.

.. Respondent (Cr.No.331 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to grant anticipatory bail to the petitioner herein in the event of their arrest or surrender in Cr.No.331 of 2025 on the file of the respondent police station.

For Petitioner : Mr.M.Jaisingh For Respondent : Ms.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 274, 275, 123 of BNS 2023 (272, 273, 328 of IPC) 24(1) of Cigarette and Other Tobacco Products Act 2003, 4(1)(a) of TN Prohibition 1/5

Act and 4(1)(C) of the Tamilnadu Prohibition(Amendment) Act, 2024 in No.331 of 2025 on the file of the respondent police. seeks anticipatory bail.

2. The case of the prosecution is that when the respondent police were in regular patrol, they found that the petitioner was found in possession of 7 numbers of brandy bottles and 27 packets of hans, the same were seized by the respondent police. Hence, the complaint has been lodged against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent, he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready and co-operate with the investigation and prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that investigation in this case is pending, there is no previous case against the petitioner and property has been recovered. Hence, she opposed the grant of anticipatory bail to the petitioner.

5. Heard the learned counsel on either side and perused the materials available on record.

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6. Considering the fact that investigation in this case is pending, there is no previous case against the petitioner and property has been recovered, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate Court, Genji, Thiruvannamalai on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that: (a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner shall report before the 3/5

respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

(d) The petitioner shall not tamper with evidence or witness either during investigation or trial; (e) The petitioner shall not abscond either during investigation or trial:

(f) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (g)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

09.01.2026 Vv To

1. The Judicial Magistrate Court, Genji, Thiruvannamalai 2.The Inspector of Police, Anandapuram Police Station, Villupuram.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.364 of 2026 09.01.2026 5/5