Suresh v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI CRL OP No. 10768 of 2026 Suresh S/o.Velu, No.126, Pillaiyar Koil Street, Enthal Pallikondapattu, Tiruvannamalai-606611.

..Petitioner(s) Vs State Rep.by The Inspector of Police, Prohibition and Enforcement Wing (P.E.W), Tiruvannamalai-606611.

Cr.No.54/2025.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of his arrest pending in Crime No. 54 of 2025 on the file of the Respondent.

For Petitioner(s):

Mr.S.L.Venkatesan For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 4(1)(a), 4(i) r/w. 4(1)(c), 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.54 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 17 number of TASMAC bottles (each containing 180 ml) with intention to sell the same to the public. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He would submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. 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 case and submitted that this is the second anticipatory bail petition filed by the petitioner and there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the nature of allegation and submissions made by learned counsel on either side and that there is no previous case pending against the petitioner and that the petitioner is ready to abide by any condition imposed by this Court, this Court is inclined to grant 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, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Kilpennathur, within a period of fifteen days from the date on which the order made ready and on further conditions that:

[a]the petitioner shall deposit a sum of Rs.25,000/-(Rupees Twenty Five Thousand only), to the credit of Tamil Nadu Advocate Clerks Association, Account No.484026006, Indian Bank, High Court, IFSC.No: IDIB000M157 and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond to ensure their identity; b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [c]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required. [d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioner shall not abscond either during investigation or trial.

L.VICTORIA GOWRI.,J.

GV [f]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 is 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].

[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

06-05-2026 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 official website of this Court will be watermarked and will also have a QR code.

GV To 1.The Inspector of Police, Prohibition and Enforcement Wing (P.E.W), Tiruvannamalai-606611.

2. The Public Prosecutor, High Court, Madras.

CRL OP No. 10768 of 2026