Elankumaran v. The State Represented By The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.05.2026
CORAM
THE HON'BLE MR. JUSTICE R.SAKTHIVEL Elankumaran, S/o. Manivannan, No Sanjeevi Puram, Muthumariyamman Koil Street, Mullai Nagar, Bagayam, Vellore District - 632 006.
... Petitioner/Accused Vs.
The State Represented by The Sub Inspector of Police, Bagayam Police Station, Vellore District.
(Crime No.133 of 2026)
...Respondent/Complainant
PRAYER: The Criminal Original Petition filed under Section 482 of BNSS Act, 2023, praying to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.133 of 2026 on the file of the respondent police.
For Petitioner : Mr.Sriram For Respondent : Mr.V.Meganathan Government Advocate (Criminal Side) 1/7
ORDER
This Criminal Original Petition has been filed by the petitioner on 13.05.2026 under Section 482 of BNSS Act, 2023 praying to grant an order of pre-arrest bail.
2. The petitioner apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 4 (1) A & 4 (1) C of TNP Act in Crime No.133 of 2026 on the file of the respondent police.
3. The case of the prosecution is that on 22.11.2025, the petitioner along with other accused were involved in selling illicit arrack. Hence the case.
4. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of pre-arrest bail to the petitioner.
5. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner was illegally 2/7
transporting 650 ml of I.D. Arrack without any permission of the Government. He further submitted that there is no previous case is pending as against the petitioner. Hence, he prayed to dismiss this Criminal Original Petition.
6. Heard on both sides'. Considering the above facts and circumstances of the case, the nature of the offence alleged to have committed by the petitioner and also considering the fact that the petitioner has no previous case and in order to give one more opportunity to the petitioner, 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 - I, Vellore District 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.25,000/- (Rupees Twenty Five Thousand only), along with two sureties each for a like sum of Rs.20,000/- to the satisfaction of the learned Judicial Magistrate I, Vellore District;
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(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 Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;
(iii) The petitioner shall appear and sign before the respondent police, weekly twice ie., Monday and Friday at 10.00 a.m until further orders;
(iv) The petitioner shall make himself available for interrogation by police as and when required;
(v) 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 them from disclosing such facts to the Court or to any police officer;
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(vi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner 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].
9. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
20.05.2026 Index : Yes/No Internet : Yes/No dh/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 Judicial Magistrate - I, Vellore.
2.The Sub Inspector of Police, Bagayam Police Station, Vellore District.
3.The Public Prosecutor, High Court of Madras.
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R.SAKTHIVEL.
J.
dh 20.05.2026 7/7