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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.05.2026

CORAM

THE HON'BLE MR. JUSTICE R.SAKTHIVEL

1. Ayyappan S/o. Ramar

2. Usharani W/o. Ayyappan Both are residing at No.126, 2/5 Main Road, Kuthappan Kudikadu, Tittakudi, Cuddalore District.

... Petitioners/Accused-1 & 2 Vs.

The State rep. by The Inspector of Police, Ramanatham Police Station, Cuddalore District.

(Crime No.48 of 2026)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on bail in the event of apprehending arrest in Crime No.48 of 2026 on the file of the respondent police.

For Petitioners : Mr.P.Muthamizh Selvakumar For Respondent : Mr.C.R.Malarvannan Government Advocate (Criminal Side) 1/6

ORDER

This Criminal Original Petition has been filed by the petitioners on 12.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of pre-arrest bail.

2. The petitioners apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 4 (1) B of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.48 of 2026 on the file of the respondent police.

3. The case of the prosecution is that while the respondent police were on duty, the petitioners were found in illegal possession of 7 vorion bottles, each containing 180 ml. Hence, the complaint.

4. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of pre-arrest bail to the petitioners.

5. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioners were illegally 2/6

transporting 7 bottles of I.D. Arrack without any permission of the Government. Hence, he prayed to dismiss this Criminal Original Petition.

6. Heard both sides.

7. Considering the above facts and circumstances of the case, the nature of the offence alleged to have committed by the petitioners, this court is inclined to grant an order of pre-arrest bail to the petitioners subject to the following conditions.

(i) The petitioners shall be released on bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate, Tittakudi within a period of 15 days from the date of receipt of a copy of this order, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), along with two sureties each for a like sum of Rs.10,000/- to the satisfaction of the learned Judicial Magistrate, Tittakudi;

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial 3/6

Magistrate, Tittakudi shall obtain a copy of any one of their identity proofs to ensure their identity;

(iii) The petitioners shall appear and sign before the respondent police, daily at 10.00 a.m until further orders; (iv) The petitioners shall make themselves available for interrogation by police as and when required; (v) 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 them from disclosing such facts to the Court or to any police officer;

(vi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Tittakudi/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 283].

4/6

9. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

22.05.2026 Index : Yes/No Internet : Yes/No dh/rsi 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 official website of this 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.

3.The Public Prosecutor, High Court of Madras.

5/6

R.SAKTHIVEL.

J.

dh 22.05.2026 6/6