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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. Kamalikannu

2. Rajesh

3. Kamalakannan ..Petitioners Vs The State Represented by, Inspector of Police, Meensurity Police Station, Ariyalur District.

Crime No. 230 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 connection with the Crime No.230 of 2026 on the file of the Respondent Police. For Petitioners:

Mr.V.Vijaya Kumar For Respondent:

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

ORDER

The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Section 4(1)(c) of the Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No. 230 of 2026 on the file of the respondent Police, seek anticipatory bail.

2. The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged and have been falsely implicated in this case. He further submits that the petitioners are ready and willing to furnish substantial sureties for their release and to abide by any conditions that may be imposed by this Court; therefore, he prays for the grant of anticipatory bail to the petitioners.

3. The case for 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 petitioners were found in illegal possession of 24 beer bottles and 20 brandy bottles (180 ml each). He further submits that there are fourteen previous cases pending against the first petitioner, out of which, twelve cases are under the Tamil Nadu Prohibition Act, 2024 and that there are no previous cases pending against the second and third petitioners.

4. Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and having perused the materials on record, this Court taking into consideration the fact that the first petitioner has fourteen previous cases against him, is not inclined to grant anticipatory bail to him and the Criminal Original Petition is hereby

dismissed as against him. However, in respect of the other petitioners, this Court is inclined to grant anticipatory bail, subject to certain conditions.

5. Accordingly, the petitioners No. 2 & 3 are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate II, Jayamkondam, on condition that the petitioners No. 2 & 3 execute a bond each for a sum of Rs.15,000/- (Rupees Fifteen 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 petitioners No. 2 & 3 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 petitioners No. 2 & 3 shall report before respondent police everyday at 10.30 a.m. and 05.30 p.m, until further orders; [c] the petitioners No. 2 & 3 shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners No. 2 & 3 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 petitioners No. 2 & 3 in accordance with law as if the conditions have been imposed and the petitioners No. 2 & 3 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 petitioners 2 & 3 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS.

29-04-2026 NSL To

1. The Inspector of Police, Meensurity Police Station, Ariyalur District.

2. The Public Prosecutor High Court of Madras.

3. The Judicial Magistrate II, Jayamkondam.

A.D.JAGADISH CHANDIRA, J.

NSL 29-04-2026