Peter Francis v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Peter Francis S/o.Dhanasamy, No.43-B, Ramagai Road, Valangaiman, Thiruvarur District.
..Petitioner(s) Vs State represented by:
The Inspector of Police, Thiruvarur Town Police Station, Thiruvarur District.
[Crime No.197 of 2026] ..Respondent(s) PRAYER: This Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in the event of apprehending arrest in the Crime No.197 of 2026 on Inspector of Police, Thiruvarur Town Police Station, Thiruvarur District.
For Petitioner(s):
M/s.P.Muthamizh Selvakumar For Respondent(s):
Mr. N. Palanivel Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest for the alleged offences under Sections 4(1)(A) and 4(1)(C) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.197 of 2026, on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that based on a secret information, during the routine patrol duty, the respondent police have seized prohibited liquor bottles from A1. Hence the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has nothing to do with the commission of offence as alleged by the prosecution. The learned counsel would further submit that only based upon the confession statement of A1 and A2, this petitioner has been implicated in this case and he is ready and willing to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.
4. At this juncture, the learned Government Advocate (Crl.Side) appearing for the respondent police objected to grant anticipatory bail to the petitioner by stating that the petitioner has one previous case of similar nature.
5. Heard the submissions made by the learned counsel on either side and perused the materials available on record.
6. Though the learned Government Advocate objected the petition on the ground that the petitioner has one previous case, the learned counsel for the petitioner would submit that the petitioner has been implicated in this case,
based upon the confession of the co-accused and therefore, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions. At this juncture, the learned counsel appearing for the petitioner has volunteered to make a non refundable deposit Rs.25,000/- to any one of the welfare of the scheme without prejudice to his defence.
7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Tiruvarur on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and the petitioner shall make a non-refundable deposit of Rs.25,000/- (Rupees Twenty-Five Thousand only) in favour of the Dean, Rajiv Gandhi Government General Hospital, Chennai and on further conditions:
(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal
Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(c) The petitioner shall sign before the respondent police daily at 10.30 a.m. until further orders;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
24-06-2026 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-I, Tiruvarur.
2. The Inspector of Police, Thiruvarur Town Police Station, Thiruvarur District.
3. The Public Prosecutor, High Court of Madras.
4. The Dean, Rajiv Gandhi Government General Hospital, Chennai.
C.KUMARAPPAN, J.
MJS 24-06-2026