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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Durai No.6/359, Bhel Anna Nagar,Seekarajapuram,Walajapet Taluk,Ranipet District ..Petitioner(s) Vs The State Rep By, The Inspector of Police The Inspector of Police, Thiruvalam Police Station, Vellore District.

(Crime No.19 of 2026) ..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 in Crime No.19 of 2026 pending investigation on the file the respondent police and pass such other orders deems fit and proper for the circumstances of the case and thus render justice.

For Petitioner(s):

Mr. S.N. ARUNKUMAR For Respondent(s):

MR.P.DHILEEPAN, GOVT.ADVOCATE (CRL SIDE)

ORDER

The petitioner apprehends arrest for the alleged offence under Section 4(1)(k) and 4(1)(B) of TNP (Amendment) Act, 2024 in Crime No.19 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 07.02.2026 at about 13.00 hours, the petitioner was found selling water, glasses and food items to liquor consumers without a valid licence. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that, except for permitting customers to consume liquor in front of the shop, there are no other allegation against the petitioner. Hence, he seeks 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 cases against him. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

6. Taking into consideration the totality of the circumstances of the case and that the petitioner is aged about 70 years, this Court is of the firm view, that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain

conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court, Katpadi, 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 as and when required for interrogation. (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.

20-04-2026 DRL To 1.The Inspector of Police, Thiruvalam Police Station, Vellore District.

2.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 20-04-2026