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Madras High CourtCRL OP/17047/2026granted

Chinnaponnu v. State Rep By

2026-07-03Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Chinnaponnu ... Petitioner(s) Vs.

The State rep. by The Inspector of Police, Thirukalukundram Police Station, Kancheepuram District ... Respondent(s) Crime No.217 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.217 of 2026 pending on the file of the respondent police.

For Petitioner(s) : Mr.J.George Bennet For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.05.2026 for the alleged offences under Sections 4(1)(A) of Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.217 of 2026 on the file of the respondent police, seek bail.

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2. It is the case of the prosecution that the petitioner, a woman aged about 58 years, was found in possession of 58 brandy bottles (180 ml each). Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in custody since 19.05.2026 and that, in any event, her further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that there are 41 previous cases against the petitioner and that she has been granted bail in all those cases.

5. Considering the nature of the allegations, the period of incarceration, the fact that the petitioner has been granted bail in the other cases, and also considering that the petitioner is a woman and that her further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 2/6

6. At this juncture, the learned counsel appearing for the petitioner submitted that the petitioner, without prejudice to his defence, is willing to make non refundable deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) to any one of the welfare scheme as ordered by this Court.

7. Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Thirukalukundram, and subject to the following conditions:

[a] The petitioner is directed to make a non-refundable deposit of Rs.30,000/- [Rupees Thirty Thousand Only] in favour of the Dean, Rajiv Gandhi Government General Hospital, Chennai, without prejudice to the right of the defence before the Trial Court, and the receipt shall be produced at the time of executing the bond;

[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 the identity proofs to ensure their identity; [c] the petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; 3/6

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [f] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[g] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

03.07.2026 skr 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. 4/6

To

1. The learned District Munsif cum Judicial Magistrate, Thirukalukundram

2. The Superintendent, Central Prison Women, Puzhal

3. The Inspector of Police, Thirukalukundram Police Station, Kancheepuram

4. The Dean, Rajiv Gandhi Government General Hospital, Chennai

5. The Public Prosecutor, High Court of Madras 5/6

C.KUMARAPPAN,J.

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