Mathan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6844 of 2026 Mathan ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Prohibition Enforcement Wing, Thoothukudi District.

(Crime No.34 of 2026)

...Respondents/Complainant

For Petitioner : Mr.S.Muthu Malai Raja Advocate.

For Respondent : Mr.M.Karunanithi Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 34 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 4(1)(A), 4(1)(C) TNP Act, in Crime No. 34 of 2026, on the file of the respondent police, seeks anticipatory bail. 1/6

2. The case of the prosecution is that on 29.03.2026, on secret information, the respondent police went the occurrence spot. At that time, they found the accused in possession of 260 brandy bottles in his house for illegal sale of monetary benefits. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. On the basis of the confession of the co-accused, this petitioner was implicated in this case. Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Government Advocate (Crl. Side) fairly submits that the offences are grave in nature, the investigation is pending. The petitioners are in possession of 260 brandy bottles illegally. Hence, he vehemently, opposed the grant of anticipatory bail to the petitioner. Investigation is still pending. He has six previous cases.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, based on confession of the statement of the co-accused, this petitioner has been implicated, though the petitioner is having six previous cases, in all those cases, he was granted bail, all the properties were recovered from the co-accused and also considering all the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 learned Judicial Magistrate No.III, Thoothukudi and on further conditions that: [b] the petitioner shall report before the Inspector of Police, Authur Police Station, Thoothukudi District, daily at 10.30 a.m., for a period of thirty days, thereafter, as and when required for interrogation;

[c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation 3/6

or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 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 B.N.S.

(P D B J) 08.04.2026 TM To 1.The Judicial Magistrate No.III, Thoothukudi. 2.The Inspector of Police, Prohibition Enforcement Wing, Thoothukudi District.

(Crime No.34 of 2026) 3.The Inspector of Police, Authur Police Station, Thoothukudi District.

4.The Additional Public Prosecutor, 4/6

Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 6844 of 2026 Date : 08.04.2026 6/6