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Madras High CourtCRL OP/2133/2026granted

Anbazhagan v. State Rep. By The Inspector Of Police,

2026-01-30Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.2133 of 2026 Anbazhagan ... Petitioner

Versus

The State rep by its, The Inspector of Police, Kariyalur Police Station, Kallakurichi District.

(Crime No.08 of 2026) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.08 of 2026 on the file of the respondent police. For Petitioner :

Mr.A.Gowtham For Respondent :

M/s.J.R.Archana Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 4(1)(C), 4(1-A) of TN Prohibition Act, in Crime No.08 of 2026 registered on the file of the respondent police seeks anticipatory bail.

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2. The allegation against the petitioner is that he was found in possession of 5 litres of I.D. Arrack and 200 kgs of black jaggery. Hence, the present case has been registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent that he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has no previous case pending against him and that the investigation is still pending. Hence, he opposed the grant of anticipatory bail to the petitioner.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side, the quantity involved in this case and that the petitioner has no previous case pending against him, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 2/6

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Sankarapuram, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself 3/6

as laid down 4/6

by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 30.01.2026 drl To 1.The Judicial Magistrate Sankarapuram.

2. The Inspector of Police, Kariyalur Police Station, Kallakurichi District.

3.The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

drl CRL.O.P.No.2133 of 2026 30.01.2026 6/6