Irulappasamy v. State Of Tamilnadu Rep By Inspector Of Police, Kovilpatti West

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.01.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.98 of 2026 Irulappasamy ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

(Crime No.728 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Prabu For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.728 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(C) of Tamil Nadu Prohibition Amendment Act, 2024, in Crime No.728 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 07.12.2025 at about 7.30 a.m., the defacto complainant, along with other police officials, was conducting patrol duty at Manthithoppu. On spotting the police, a person who was standing suspiciously at the spot left behind a white bag and fled from the scene of occurrence. Upon search, the white bag was found containing 26 bottles of Black Pearl Brandy (each 180 ml). Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the offence committed by the accused is serious in nature. He further submitted that four previous cases are pending against the petitioner. Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Kovilpatti, Thoothukudi 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 to the Police Officer, who intends to arrest or to the satisfaction of the 3/6

learned Magistrate concerned and on further conditions that: (a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of The Head Master, Government Higher Secondary School, Samayanallur, Madurai District, in SBI Account No. 35399383409, IFSC No.SBIN0016503, State Bank of India, Samayanallur Branch. This fund shall be utilized for the purpose of purchasing furniture (Benches & Desks) for newly constructed class rooms under '' Namakku Name'' Scheme, without prejudice to his contentions and rights before the trial Court, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m until further orders; (d) the petitioner shall not tamper with evidence or witness either during investigation or trial; 4/6

(e) the petitioner shall not abscond either during investigation or trial;

(f) 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 petitioners 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]; and;

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 06.01.2026 jbr To

1. The Judicial Magistrate No.II, Kovilpatti, Thoothukudi District.

2. The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.98 of 2026 Date : 06.01.2026 6/6