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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-04-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Sivagami ..Petitioner Vs State Rep. by, The Inspector of Police, D-3, Palur Police Station Chengalpattu District.

(Crime No. 59 of 2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of her arrest in respect of Crime No.59 of 2026, on the file of the Inspector of Police, D-3, Palur Police Station, Chengalpattu District, pending investigation.

For Petitioner:

Mr.M.Mahendran For Respondent:

Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Section 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.59 of 2026 on the file of the respondent Police, seeks anticipatory bail.

2. The learned counsel for the petitioner, pleading the petitioner's innocence and alleging false implication in the case, seeks the indulgence of this Court. He submits that the allegations set out in the FIR are wholly imaginary and devoid of any legal basis and no recovery was effected from the petitioner. He further contends that the petitioner will not abscond and is ready to abide by any condition imposed by this Court. Hence, he prays for the grant of anticipatory bail to the petitioner.

3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police while opposing the grant of anticipatory bail, is that the petitioner was found in illegal possession of nine brandy bottles (180 ml. each). He further submits that there are no previous cases pending against the petitioner.

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

5. Taking note of the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court No. I, Chengalpattu, on condition that the petitioner shall execute a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] 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 Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [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 as laid down by the

Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

28-04-2026 NSL To

1. The Inspector of Police, D-3, Palur Police Station Chengalpattu District.

2. The Public Prosecutor High Court of Madras.

3. The Judicial Magistrate Court No. I, Chengalpattu.

A.D.JAGADISH CHANDIRA, J.

NSL 28-04-2026