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Madras High CourtCRL OP/1183/2026granted

Parimala v. The State Represented By,

2026-01-21Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2026

CORAM

THE HONOURABLE Mr. JUSTICE K. RAJASEKAR Parimala ... Petitioner Vs.

The State represented by, The Inspector of Police, PEW Ulundurpet Police Station, Kallakurichi District.

... Respondent (Crime No.2 of 2026) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in event of arrest pending investigation in Crime No.2 of 2026 on the file of the respondent police.

For Petitioner : Mr.G.Magesh Kumar For Respondent : Ms.J.R.Archana, Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 4(1)(i) of Tamil Nadu Prohibition Act and Section 4(1)(A) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.2 of 2026 on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that while the respondent police along with their team was on regular patrol, intercepted the petitioner and found that 1/4

the petitioner was alleged to have been found in illegal possession of 180 ML Black Pearl 5 Nos. and the same was seized by the respondent police. Hence, a case has been registered.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and she has not committed any offence as alleged by the defacto complainant and she has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and she is ready to co-operate with the investigation. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution's case and upon instructions submitted that the petitioner is having 15 previous bad antecedents out of which, 13 cases registered under the similar offence. Hence, she opposed to grant anticipatory bail to the petitioner.

5. I have heard the learned counsel on either side and also perused the materials available on record.

6.Considering the facts and circumstances of the case; taking note of the submissions made on both sides; the nature of allegations levelled against the petitioner; though previous cases have been reported, the quantity of liquor recovered in this case is only 5 bottles each containing 180 ml, I am inclined to 2/4

grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-II, Ulundurpet at Kallakurichi District, 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 of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned 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 respondent Police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; K.RAJASEKAR, J.

ssi 3/4

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

21.01.2026 ssi To 1.The Judicial Magistrate-II, Ulundurpet at Kallakurichi District.

2. The Inspector of Police, PEW Ulundurpet Police Station, Kallakurichi District.

3.The Public Prosecutor, High Court of Madras. Crl.OP.No.1183 of 2026 4/4