Mallan v. State Rep.By Its, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.02.2026 CORAM :
THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.3395 of 2026 1.Mallan 2.Pakki @ Ammasi 3.Durai @ Narasimman 4.Vediyappan ... Petitioners -vsState Rep by, The Inspector of Police, PEW Police Station, Harur.
(Crime No.21 of 2026) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioners on bail in Crime No.21 of 2026 on the file of the respondent police.
For Petitioners :
Mr.K.Siva For Respondent :
Mr.A.Gopinath Government Advocate (Crl. Side) *********
ORDER
The petitioners, who were arrested and remanded to judicial custody on 28.01.2026 for the alleged offences punishable under Section 4(1)(C) r/w 4(1-A)(ii) of the Tamil Nadu Prohibition Act, 1937 in Crime No.21 of 2026, 1/5
registered on the file of the respondent police, seek bail.
2. The allegation against the petitioner is that the petitioners were involved in possession of 50 liters of fermented wash. Hence, a complaint has been registered and the petitioners were arrested.
3. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case and that they have no previous cases against them. He further submitted that they are in judicial custody since 28.01.2026 and that they are ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioners have no previous cases pending against them. Hence, he opposed to grant bail to the petitioners.
5. Considering the submissions made by the learned counsel on either side, the nature of the allegations, the fact that the petitioners have no previous case pending against them, this Court is inclined to grant bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Pappireddipatti, Dharmapuri 2/5
District, and on further conditions 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 petitioners 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 petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with the evidence or witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
12.02.2026 drl 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 the official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate Court, Pappireddipatti, Dharmapuri District.
2.The Inspector of Police, PEW Police Station, Harur.
3.The Superintendent, Harur Sub Jail, Harur, Dharmapuri District.
4.The Public Prosecutor, High Court, Madras.
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K. RAJASEKAR, J.
drl Crl.O.P.No.3395 of 2026 12.02.2026 5/5