Kaveri v. State Of Tamilnadu Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kaveri W/o.Selvam, No.96B, Mettu Street, Thekkukpattu Village and Post, Vaniyambodi Taluk, Tirupattur District.
..Petitioner(s) Vs State of Tamilnadu represented by:
The Inspector of Police, Ambalur Police Station, Tirupattur District.
Cr.No.32/2026.
..Respondent(s) PRAYER: The Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in Cr.No.32/2026 pending investigation on the file of the respondent.
For Petitioner(s):
M/s. R. Thulasi For Respondent(s):
Mr. S. Vinoth Kumar, Government Advocate (Criminal side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 06.02.2026 for the alleged offences under Sections 4(1)(C) and 4(1-A)(ii) of Tamil Nadu Prohibition (Amendment) Act in Crime No.32 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that during the routine patrol duty, the respondent police found the accused in an illegal possession of country made ID arrack of 15 litres. Hence the case.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and she has nothing to do with the commission of offence as alleged by the prosecution. He would further submits that the petitioner is ready to abide by any condition that may be imposed by this Court and hence he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case. He would further submit that the petitioner was arrested for the illegal possession of country made arrack of 15 litres and she has been under incarceration since 06.02.2026 and she has got three previous cases of similar nature.
5. I have given anxious consideration to the submissions made by the learned counsel on either side.
6. From the submissions made by the learned Government Advocate (Criminal side), it is seen that the petitioner has three previous cases and the criminal antecedents of the petitioner would demonstrate that the petitioner has
misused the liberty granted to her by this Court. However taking into consideration the gender of the petitioner and also the period of incarceration of the petitioner from 06.02.2026, and that at this length of time, no further custodial interrogation is required, as by this time, investigation might have been completed.
7. In such view of the position, this Court is inclined to grant bail to the petitioner, subject to the following stringent conditions:
8. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty-five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Vaniyambadi and on further conditions that: [a] 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 the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily twice at 10.30 a.m. and 5.30 p.m. until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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)13 SCC 283]:
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
10-03-2026 MJS 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, Vaniyambadi.
2. The Inspector of Police, Ambalur Police Station, Tirupattur District.
3. The Superintendent of Police, Special Prison for Women, Vellore.
4. The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN, J.
MJS 10-03-2026