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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-05-2026

CORAM

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL Senthil S/o.Thiruvangadam Kundru Mettu Street, Seshasamudram, Sankarapuram, Kallakurichi District.

Petitioner/6th Accused Vs The State Rep By, The Inspector of Police Kallakurichi Police Station, Kallakurichi District.

(Crime No.420 of 2024) Respondent/Complainant PRAYER Criminal Original Petition filed under Section 482 of BNSS, 2023, seeking to enlarge the petitioner on bail in the event of his arrest in Crime No,.420 of 2024 on the file of the Inspector of Police, Kallakurichi Police Station, Kallakurichi.

For Petitioner:

Mr.Parameswaran.S For Respondent:

Mr.V.Meganathan Government Advocate Criminal Side

ORDER

This Criminal Original Petition has been filed by the petitioner on 12.05.2026 under Section 482 of BNSS, 2023 praying to grant an order of prearrest bail. 1/6

2. The petitioner/6th Accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 174 of Cr.P.C., @ 304(ii), 120-B, 201 r/w. 109 I.P.C. and Sections 4(1)(i), 4(1-A) of TNP Act, r/w. 7 of Tamil Nadu Denatured Spirit Methyl Alcohol and Varnish (French Polish) Rules, 1959 in Crime No.420 of 2024, on the file of the respondent police.

3.The case of the prosecution is that the petitioner along with other accused were involved in selling illicit arrack regard to the Kallakurichi hooch tragedy. Hence, the case.

4. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant an order of pre-arrest bail to the petitioner.

5. The learned Government Advocate (Criminal side) appearing for the respondent, on instructions, submits that the petitioner has 34 previous cases. He further submits that investigation has been completed and charge sheet has also been filed in this case. Hence, custodial interrogation of the petitioner is not required.

6. Heard on both sides'. This Court has perused the records. 2/6

7. Considering the facts and circumstances of the case and the nature of the offences, this Court is of the considered view that the custodial interrogation of the petitioner may not be necessary for the Investigating Agency. Therefore, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions.

(i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate No.1, Kallakurichi, within a period of 15 days from today, on executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each along with two sureties each for a like sum of Rs.50,000/- to the satisfaction of the learned Judicial Magistrate No.1, Kallakurichi.

(ii) The petitioner shall appear and sign before the respondent Police, daily at 10.00 a.m and 5.00 p.m., until further orders; (iii) The petitioner shall furnish his address and mobile number to the learned Judicial Magistrate No.1, Kallakurichi; (iv) 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 Magistrate shall obtain a copy of any one of their identity proofs to ensure their identity; (v) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; 3/6

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

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

20-05-2026 rli 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.

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To 1.The Inspector of Police Kallakurichi Police Station, Kallakurichi District.

2. The Judicial Magistrate I, Kallakurichi.

3. The Public Prosecutor, High Court of Madras.

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R.SAKTHIVEL J.

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