Seenu v. Home, Prohthe State Rep By, The Inspector Of Policeibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Seenu

2. Saran

3. Annamalai

4. Perumathai ..Petitioner(s) Vs State rep by, The Inspector of Police, Tirupattur Taluk Police Station, Tirupattur District.

Crime No.189 of 2026 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 483 of B.N.S.S., to enlarge the petitioners on bail concerned in Crime No.189 of 2026 on the file of the Inspector of Police, Tirupattur Taluk Police Station, Tirupattur District. For Petitioner(s):

Mr.R.Parthiban For Respondent(s):

Mr.V.J.Priyadarsana Government Advocate (Crl.Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 26.04.2026 for the offences punishable under Sections 4(1)(C), 4(1)(A) of TNP Act r/w. 123 of BNS arising out of Cr.No.189 of 2026 on the file of the

respondent police, seek bail.

2. The case of the prosecution is that, totally there are four accused persons. The petitioners were found to be in illegal possession of 25 bottles of liquor. Hence, the case.

3. The learned counsel for the petitioners would contend that petitioners are under judicial custody since 26.04.2026. He further submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submits that seized liquor bottles does not fall under the category of commercial quantity. He further submits that the petitioners are ready to abide by any stringent conditions imposed by this Court. Therefore, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that there are 42 previous cases pending against the petitioners. Hence, he vehemently opposed to grant bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions made on either side, the nature of the offences and that though the petitioners have previous cases pending against

them, in all the cases, they were granted bail and the period of incarceration already undergone by the petitioners and the quantity involved in this case, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on bail on condition to 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 Judicial Magistrate No.II, Tirupattur and on further conditions that:

[b] the petitioners shall report before the respondent Police daily at 10.30 a.m. until further orders; [c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

[d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners 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 or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take

appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

14-05-2026 Index: Yes/No Speaking/Non-speaking order rap 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 the official website of this Court will be watermarked and will also have a QR code.

To

1. The Inspector of Police, Tirupattur Taluk Police Station, Tirupattur District.

2. The Judicial Magistrate No.II, Tirupattur.

3. The Superintendent, Sub Jail, Tirupattur.

4. The Public Prosecutor, High Court, Madras.

P.DHANABAL, J.

rap 14-05-2026