Soniya 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.12268 of 2026 Soniya ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Basin Bridge Police Station, Chennai District.

(Crime No.105 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.105 of 2026 on the file of the respondent police.

For Petitioner(s) :

Mr. G. Magesh 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 Section 4(1)(A) of TN Prohibition (Amendment) Act, 2024 in Crime No.105 of 2026 on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that on 01.05.2026, while the respondent police were on their routine patrol duty, they found the petitioner along with other accused were standing in a suspicious manner; that on seeing the respondent police, they fled away from the spot; and upon searching the spot, they found 368 bottles of Mclene (180ml each), 360 bottles of Black Pearl (180ml each), 48 bottles of Mc Dowells (180ml each), 50 bottles of Honey bee (180 ml each), 200 bottles of Moniter (180ml each) and 61 bottles of Kingfisher beer (650ml each); that upon investigation, it is found that the petitioner was involved in the said offence. Hence, this case. 3.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case, based on the confession of the co-accused and there is no recovery from the petitioner. 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.

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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 has no previous antecedents. He further submitted that the co-accused were arrested and released on bail.

5.

Considering the rival submissions made on both sides, the nature of offence, the fact that the co-accused were already enlarged on bail and 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 her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned X Metropolitan Magistrate, Egmore, Chennai 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 on every Saturday at 10.30 a.m., for a period of four 3/6

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 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 :

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

To

1. The X Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, Basin Bridge Police Station, Chennai District.

(Crime No.105 of 2026)

3. The Public Prosecutor, High Court of Madras.

P. DHANABAL , J.

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Crl.O.P. No.12268 of 2026 13.05.2026 6/6