S.Sathish v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.05.2026

CORAM

THE HONOURABLE Mr.JUSTICE P.DHANABAL S.Sathish S/o.Shanmugam ... Petitioner Vs State Rep. by The Inspector of Police Keelaiyur Police Station, Nagapattinam District-611 111.

(Crime No.99/2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on bail in the event of his arrest in Crime No.99 of 2026 pending investigation on the file of the respondent police. For Petitioner : M/s.S.Kalaimani For Respondent : Mr.S.Balaji Government Advocate (Crl.Side) ***** 1/6

ORDER

The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 4(1)(C) r/w 4(1-A)(ii) of Tamil Nadu Prohibition (Amendment) Act, 2024, in connection with Cr.No.99 of 2026, seeks anticipatory bail.

The case of the prosecution is that on 19.04.2026, during the course of search by the respondent police, seized 75 ml of 37 bottles bearing the label "New Directors Club" affixed with Pondicherry liquor labels from A1. Hence, a case was registered in Cr.No.99/2026 for the alleged offences under Sections 4(1)(C) r/w 4(1-A)(ii) of Tamil Nadu Prohibition (Amendment) Act, 2024.

The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the respondent police and only based on the confession statement of the co-accused, he has been implicated in the present case. He would further submit that the petitioner is an innocent person and he was not present in the scene of occurrence. Hence, the learned counsel seeks anticipatory bail to the petitioner. 2/6

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner has been arrayed as A2 and there are 10 previous cases pending against the petitioner. Hence he opposed to grant anticipatory bail to the petitioner.

Heard both sides and perused the materials available on record. Considering the nature of the offence and the fact that there is no recovery from this petitioner and entire property has been recovered only from A1 and the petitioner was implicated as accused only based on the confession statement of co-accused and even though there are some cases pending against the petitioner, in all the cases bail was granted to him, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions. 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 on which the order copy made ready, before the District Munsif cum Judicial Magistrate, Kilvelur, on condition that each of the petitioners 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 3/6

concerned and on further condition that:

[a] the petitioners shall report before the respondent-police daily at 10.30 a.m. for a period of 30 days and thereafter as and when required. [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 him 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 abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

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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, Keelaiyur Police Station, Nagapattinam District-611 111.

2. The District Munsif cum Judicial Magistrate, Kilvelur,

3. The Public Prosecutor, Madras High Court.

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P.DHANABAL, J., cgi 06.

Crl.O.P.No.12690 of 2025 14.05.2026 6/6