G.Sivakandan v. The State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL G.Sivakandan Son of Govindasamy, No.2/85, Main Road, Pudhupalapattu, Sankarapuram, Kallakurichi District - 606 401.
..Petitioner/Accused Vs The State Represented By, The Inspector of Police, Sankarapuram Police Station, Kallakuruchi District.
(Crime No.226 of 2026) ..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.226 of 2026 pending investigation on file of the respondent police. For Petitioner :
Mr.P.Krishnakumar For Respondent :
Mr.C.R.Malarvannan Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on 19.05.2026 under Section 482 of 'Bharatiya Nagarik Suraksha Sanhita, 2023' [henceforth 'B.N.S.S'] praying to grant an order of pre-arrest bail to him.
2. The petitioner/Accused, apprehend the arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(i) and 4(1-A) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.226 of 2026 on the file of the respondent police.
3. The case of the prosecution is that, while the respondent police were on duty, the petitioner was found in illegal possession of 10 numbers brandy bottles, each containing 180 ml. Hence, the case.
4. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed to grant an order of pre-arrest bail to the petitioner.
5. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner was in illegal possession of 10 numbers brandy bottles, each containing 180 ml. He further submitted that the petitioner has no previous cases pending against him. However, he prayed to dismiss this Criminal Original Petition.
6.Heard on both sides. This Court has perused the records.
7.Considering the above facts and circumstances of the case, the nature of the offence alleged to have been committed by the petitioner and the fact that the petitioner has got no previous cases, 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 his arrest or in the event of his surrender before the learned District Judicial Magistrate, Sankarapuram, within a period of 15 days from the date of receipt of a copy of this order, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), along with two sureties each for a like sum of Rs.10,000/- to the satisfaction of the learned District Judicial Magistrate, Sankarapuram; (ii) 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 District Judicial Magistrate, Sankarapuram shall obtain a copy of any one of identity proofs to ensure their identity;
(iii) The petitioner shall appear and sign before the respondent Police, weekly once, i.e., every Monday at 10.00 a.m., until further orders; (iv) The petitioner shall make himself available for interrogation by police as and when required;
(v) 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 them from disclosing such facts to the Court or to any police officer; (vi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate/Trial Judge is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 5560].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
22-05-2026 Index: Yes/No Speaking/Non-speaking order RSI/DH 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 District Judicial Magistrate, Sankarapuram.
2.The Inspector of Police, Sankarapuram Police Station, Kallakuruchi District.
3.The Public Prosecutor, High Court, Madras.
R.SAKTHIVEL, J.
RSI 22-05-2026