Balaji v. The State Rep. By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
1. Balaji S/o. Ashokan, No.214, Kamatchiyamman Kovil Street,Kolathur Village,Kilpennathur Taluk,Tiruvannamalai District.
Petitioner(s) Vs
1. The State Rep. by its Inspector of Police PEW Tiruvannamalai Police Station, Tiruvannamalai District. (Crime No.
61/2026) Respondent(s) PRAYER: Petition filed under Section 482 of BNSS, 2023 to enlarge the petitioner on bail in the event of arrest in Crime No. 61 of 2026 on the file of the respondent police station and thus render justice. For Petitioner(s):
Mr.E.Sathiyaraj For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 4(1)(i) of Tamil Nadu Prohibition Act and Section 4(1)(A) of TNP(Amendment) Act in connection with the case in Crime No.61 of 2026, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner is arrayed as A2 in this case and the petitioner was found in possession of 2000 bottles of brandy. Hence, the case.
3. Learned counsel for the petitioner would contend that the petitioner is
innocent and the he has been falsely implicated in this case. He is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation, hence prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) reiterating the prosecution case submitted that there is one previous case as against the petitioner and vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made on either side, nature of offence, quantity involved in this case and though there is one case pending as against the petitioner in that cases, already bail was granted to him, that case is not similar in nature, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Tiruvannamalai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:
[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police every Saturday at 10.30 a.m., for a period of four weeks; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[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.
14-05-2026 dhk Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 Inspector of Police PEW Tiruvannamalai Police Station, Tiruvannamalai District. (Crime No.
61/2026) 2.The Judicial Magistrate-II, Tiruvannamalai 3.The Public Prosecutor, Madras High Court
P.DHANABAL J.
dhk CRL OP No. 12839 of 14-05-2026