A.R.Athieswaran v. The State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. A.R.Athieswaran

2. M.Ramesh Kumar ... Petitioners/Accused Vs The State of Tamilnadu,, The Inspector of Police, Prohibition Economics Offences Wing, Melur, Madurai District.

Crime No.11 of 2026 ... Respondent/Complainant For Petitioner : Mr.R.Ganeshprabu For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.11 of 2026 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 01.02.2026 for the offences punishable under Sections 4(1)(C), 4(1)(A) of Tamil Nadu Prohibition Act (Amendment Act), 2004, in Crime No.11 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners were in illegal possession of 137 bottles of TASMAC liquor. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 01.02.2026. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioners were in illegal possession of 137 bottles of TASMAC liquor. He further submitted that there are two pervious cases of a similar nautre 2/6

are pending against the petitioners. However, he opposed for grant of bail to the petitioners.

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 bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Melur, Madurai District, and on further conditions that :- [a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner shall make a non refundable deposit of Rs.2,000/- (Rupees Two Thousand only) to the credit of the Head Master, Government Boys Higher Secondary School, Y.Othakadai, Madurai District, in SBI 3/6

Account No.30162368975, IFSC No.SBIN0002246, State Bank of India, Y.Othakadai Branch, Madurai District. This fund shall be utilized for the purpose of purchasing furniture (Benches & Desks) for newly constructed class rooms under 'Namakku Naame' Scheme. [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 the evidence or witness either during investigation or trial. [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 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].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 12.02.2026 jbr TO To

1. The Judicial Magistrate Court, Melur, Madurai District.

2. The Superintendent, Central Prison, Madurai.

3. The Inspector of Police, Prohibition Economics Offences Wing, Melur, Madurai District.

4. 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.2938 of 2026 Date : 12/02/2026 6/6