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Madras High CourtCRL OP/13146/2026granted

Jaya v. The State Rep By, The Inspector Of Police

2026-05-14Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Jaya W/o Sankar, No.1, Ociyamman Koil Street Omanthur Village and Post, Tindivanam Taluk Villupuram District.

..Petitioner Vs State rep by its, Inspector of Police, Kiliyanoor Police Station Villupuram District (Crime No.283/2025) ..Respondent Prayer : To enlarge the petitioner on bail in the event of the arrest in Crime No.283 of 2025 on the file of the Respondent pending investigation on the file of the respondent police and thus render justice. For Petitioner :

Mr.A.Ramesh For Respondent :

Mr.S.Balaji 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)(a), 4(1)(c),

4(1)(i), 4(1)A, 14 A of Tamil Nadu Prohibition Amendment Act in connection with the Cr. No.283 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 06.09.2025, while the respondent police was on patrol duty, intercepted the petitioner's vehicle, she was found in possession of 25 X 180 ML brandy bottles and 10 bottles for sale in nearby villages and A1 was arrested by police and the petitioner is A2 herein, who has absconded and hence the case.

3. The learned counsel for the petitioner would contend that the respondent police have registered a false case as against the petitioner and he has not committed any offence as alleged by the prosecution. Hence, the petitioner may be released on anticipatory bail. He would also submit that only based on the confession of the co-accused, the petitioner has been implicated in this case and the co-accused was already granted bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police while reiterating the prosecution case, strongly opposed to grant anticipatory bail to the petitioner. He would further submit that there are six previous cases pending against the petitioner and however, in all the cases, the petitioner was granted bail.

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

6. Considering the rival submissions on either side, considering the nature of offences and that the petitioner has been implicated in this case based on the confession statement of the co-accused and that the co-accused has already been released on bail, though there are six previous cases against the petitioner and in all the cases bail was granted to the petitioner, I am inclined to grant anticipatory bail to the petitioner.

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, Vanur, Villupuram District, on condition that the petitioner 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 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 shall report before the respondent Police Station on on every Saturday at 10.00 am., until further orders 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 her 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.

14-05-2026 Index: Yes/No Speaking/Non-speaking order MJS

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 Judicial Magistrate, Vanur.

2.The Inspector of Police, Kiliyanoor Police Station, Villupuram District. 3.The Public Prosecutor, High Court of Madras, Chennai.

P.DHANABAL J.

MJS 14-05-2026