Sumathi v. The State Rep. By The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-05-2026
CORAM
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL Sumathi W/o.Kumar No.439, Vettavalam Main Road, Veerapandi, Virapandi Post, Kandachipuram Taluk, Villupuram District - 605 758.
Petitioner/Accused Vs The State Rep. by The Sub Inspector of Police Arakandanallur Police Station, Villupuram District.
Cr.No.174/2026.
Respondent/Complainant PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner on bail in the event of her arrest in connection with Crime No.174 of 2026 on the file of the respondent police.
For Petitioner:
Mr.J.Jawahar For Respondent:
Mr.V.Meganathan, Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on 12.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of pre-arrest bail. 1/6
2. The petitioner/Accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(C), 4(1)(A) and 14(A) of the Tamil Nadu Prohibition Amendment Act, 2024 in Crime No.174 of 2026, on the file of the respondent police.
3.The case of the prosecution is that on 06.05.2026, the respondent police allegedly intercepted one Ramesh/first accused and the petitioner and seized 42 bottles of ''Old Chef'' liquor said to have been transported in a Hero Splendor Pro motor cycle bearing Registration No.TN 32 AB 0419. Hence, the case.
4. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. Hence, he prays for grant an order of pre-arrest to the petitioner.
5. The learned Government Advocate (Criminal side) appearing for the respondent, on instructions, submitted that the petitioner has nine previous cases. He further submitted that investigation has been completed and charge sheet has also been filed in this case. Hence, custodial interrogation of the petitioner is not required.
6. Heard on both sides'. This Court has perused the records. 2/6
7. Considering the facts and circumstances of the case and the nature of the offences, this Court is of the considered view that the custodial interrogation of the petitioner may not necessary. Therefore, 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 her arrest or in the event of his surrender before the learned Judicial Magistrate, Villupuram, within a period of 15 days from today, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each along with two sureties each for a like sum of Rs.25,000/- to the satisfaction of the learned Judicial Magistrate, Villupuram.
(ii) The petitioner shall appear and sign before the respondent Police, daily at 10.00 a.m., until further orders;
(iii) 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; (iv) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; (v) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Villupuram is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are 3/6
imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
20-05-2026 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.
4/6
To 1.The Judicial Magistrate, Villupuram.
2. The Sub Inspector of Police Arakandanallur Police Station, Villupuram District.
3. The Public Prosecution High Court of Madras.
5/6
R.SAKTHIVEL J.
Rli 20-05-2026 6/6