Kanthasamy v. State Of Tamilnadu Rep By Inspector Of Police, Kulasekarapattinam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-02-2026
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY Kanthassamy Petitioner(s) Vs State Of Tamilnadu Rep By Inspector Of Police, Kulasekarapattinam Police Station, Thoothukudi District Crime No.65/2026 Respondent(s) For Petitioner(s):
Mr.S.Muthu Malai Raja For Respondent(s):
Mr.S.S. Manoj, Government Advocate (crl. Side) Prayer: C-33AB.For Anticipatory Bail in Crime No.65/2026 on the file of the respondent police.
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(c), 24 of Tamil Nadu Prohibition Act, in Crime No.65 of 2026 on the file of the respondent police, seeks anticipatory bail.
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2. The case of the prosecution is that the petitioner was found in possession of 91 brandy bottles . Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent Police opposed to grant anticipatory bail to the petitioner on the ground that totally there are 3 previous cases pending against the petitioner.
5. Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Judicial Magistrate Court, Tiruchendur, Thoothukudi District, within a 2/4
period of fifteen days from the date on which the order copy made ready on further conditions that:
[b] the petitioner is directed to deposit Rs.5,000/-[Rupees Five Thousand only] to the credit of the Correspondent, Sethupathy Pandithurai Higher Secondary School Parent, having account in State Bank of India, Karimedu Branch, Account No.30033864969, Account Type:Regular Savings Bank Account, CIF No:85019457624, MICR Code:625002017. This fund shall be utilized for the purpose of purchasing furniture (Benches & Desks) for newly constructed class rooms under 'Namakku Naame' Scheme, and on such deposit being made, the Judicial Magistrate shall accept the sureties furnished by the petitioners;
[c] the petitioner is directed to report before the respondent police daily morning at 10.30 a.m., for a period of one week and thereafter as and when required for interrogation.
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[e]the petitioner shall not abscond either during investigation or trial.
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[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 petitioner is 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].
[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
02-02-2026 KSA To 1.The Inspector Of Police, Kulasekarapattinam Police Station, Thoothukudi District Crime No.64/2026
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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