Chandhru 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 CRL.O.P.No.12869 of 2026 Chandhru S/o.Umasankar ..Petitioner Vs The State represented by:
The Inspector of Police, Sathuvachery Police Station, Vellore District. Tamil Nadu.
(Crime No.16 of 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.16 of 2026 pending investigation on the file of the respondent police.
For Petitioner : Mr.Nirmal Krishnan For Respondent : Mr.S.Balaji Government Advocate (Crl.Side) *****
ORDER
The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 4(1)(A), 4(1)(C) of Tamil Nadu Prohibition (Amendment) Act, 2024, in connection with Cr.No.16 of 2026, seeks anticipatory bail. 1/7
The case of the prosecution is that the respondent police, during the patrol duty, on 01.02.2026 at about 10.00 a.m. at Nadaparai area near M.S.P.Dhabha Hotel, found A1 and A2 were in illegal possession of OLD Chef XXX RUM-27 Government liquor bottles (180 ml). Hence, a case was registered in Cr.No.16/2026 for the alleged offences under Sections 4(1)(A), 4(1)(C) of Tamil Nadu Prohibition (Amendment) Act, 2024.
The learned counsel for the petitioner would submit that the petitioner is an innocent person and based on the confession statement of co-accused, he was falsely implicated in this case and recovery also made only from the co-accused. Hence, the learned counsel seeks anticipatory bail to the petitioner.
The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is not a named accused and based on the confession statement of co-accused, he has been arrayed as A3. Further he would submit that there are 9 previous cases pending against the petitioner. Hence he opposed to grant anticipatory bail to the 2/7
petitioner.
Heard both sides and perused the materials available on record.
Considering the nature of the offence and even though there are some cases pending against the petitioner, in all the cases bail was granted to him and considering the quantity of Government liquor bottles involved in this case and the fact that the petitioner is not a named accused in the FIR and no recovery was made from this petitioner and the entire property was recovered only from the co-accused, 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 Judicial Magistrate-V, Vellore District, on condition that each of 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 learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent-police daily 3/7
at 10.30 a.m. for a period of 30 days.
[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.
14.05.2026 cgi 4/7
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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, Sathuvachery Police Station, Vellore District. Tamil Nadu.
2. The Judicial Magistrate-V, Vellore District.
3. The Public Prosecutor, Madras High Court.
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P.DHANABAL, J., cgi 06.
CRL.O.P.No.12869 of 2026 14.05.2026 7/7