Santhosh Kumar @ M.S.Babu v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP NO.12010 of 2026 Santhosh Kumar @ M.S. Babu ... Petitioner/ A5 Vs The State rep. by, The Inspector of Police, Pernambut Police Station, Vellore District.

(Crime No.104 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioner/accused in Crime No.104 of 2026 on the file of the respondent police.

For Petitioner(s) :

Mr. K. Sathish Kumar For Respondent(s) :

Mr. S. Balaji Government Advocate (Crl. Side) *******

ORDER

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The petitioner apprehends arrest for the alleged offences punishable under Sections 4(1)(c), 4(1)(A) and 4(1-A)(ii) of TNP (Amendment) Act, 2024 in Crime No.104 of 2026 on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that on 29.03.2026, based on a specific information, the respondent police went to the place of occurrence and found that the petitioner along with other accused were in illegal possession of 480 liquor sachets of various types, Bangalore Rum (180ml and 30ml) and Amruts Silver Cup Brandy, which were illegally transported from another State. Hence, this case.

3.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to furnish substantial sureties for his due release and to abide by any conditions that may be imposed by this Hon'ble Court and therefore, he prayed to grant anticipatory bail to the petitioner. 4.

The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing the anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the petitioner 2/6

has no previous antecedents. He further submitted that the petitioner was arrayed as A5 in this case, the co-accused (A3) was already released on bail. 5.

Considering the rival submissions made on both sides, the nature of offence, the quantity involved in this case, one of the co-accused was already released on bail and the fact that the petitioner has no previous antecedents, 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Gudiyatham, Vellore District 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 Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police every Saturday at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation; [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts 3/6

to the Court or to any police officer;

[c] the petitioner shall not leave India without the previous permission of the Court;

[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 B.N.S.2023.

13.05.2026 stn 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 4/6

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, Gudiyatham, Vellore District.

2. The Inspector of Police, Pernambut Police Station, Vellore District.

(Crime No.104 of 2026)

3. The Public Prosecutor, High Court of Madras.

P. DHANABAL , J.

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Crl.O.P. No.12010 of 2026 13.05.2026 6/6