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Madras High CourtCRL OP/12040/2026granted

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

2026-05-13Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP NO.12040 of 2026

1. Ayyappan

2. Usharani ... Petitioners/ Accused Vs The State rep. by, The Inspector of Police, Ramanatham Police Station, Cuddalore District.

(Crime No.67 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioners/accused in Crime No.67 of 2026 on the file of the respondent police.

For Petitioner(s) :

Mr. Muthamizh Selvakumar P.

For Respondent(s) :

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

ORDER

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The petitioners, who apprehend arrest for the alleged offences punishable under Sections 4(1)(B) of The Tamilnadu Prohibition (Amendment) Act, 2024 in Crime No.67 of 2026 on the file of the respondent police, seek anticipatory bail.

2.

The case of the prosecution is that on 23.02.2026, while the respondent police were on their routine beat duty, they seized 7 nos. of Vorion bottle (180ml each) from the hotel of the petitioners. Hence, this case.

3.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the petitioners are ready and willing to furnish substantial sureties for their 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 petitioners. 4.

The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing the anticipatory bail to the petitioners, reiterated the prosecution case and submitted that the petitioners have no previous antecedents.

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5.

Considering the rival submissions made on both sides, the nature of offence, the quantity involved in this case and the fact that the petitioners have no previous antecedents, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.

Accordingly, the petitioners 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 made ready, before the Judicial Magistrate Court, Tittakudi 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 petitioners shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation; [b] the petitioners 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 to the Court or to any police officer;

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

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[d] the petitioners 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 in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, 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 order when uploaded in the official website of this 4/6

Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate, Tittakudi.

2. The Inspector of Police, Ramanatham Police Station, Cuddalore District.

(Crime No.67 of 2026)

3. The Public Prosecutor, High Court of Madras.

P. DHANABAL , J.

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Crl.O.P. No.12040 of 2026 13.05.2026 6/6