Balakrishnan v. State Of Tamilnadu Rep By Inspector Of Police, Moolakaraipatty

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/04/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL

1. Balakrishnan, S/o. Petchimuthu, No.3/89, Pillaiyar Kovil Street, Veeraperunselvi, Puthukulam, Koganthanaparai, Palayamkottai, Tirunelveli-627 007.

2. Perumal, S/o. Arumugam, No.5b, Middle Street, Lethikulam, Moolaikaraipatti, Nanguneri, Tirunelveli-627 354..

... Petitioners/Accused Nos.1 & 2 Vs State of Tamilnadu Rep by, The Inspector of Police, Moolakaraipatty Police Station, Tirunelveli District.

(Crime No. 164 of 2026).

... Respondent/Complainant For Petitioners: Mr.M.Jegadeesh Pandian, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) 1/8

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-33AB. For Anticipatory Bail in Crime No.

164 of 2026 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 4(1)(i) r/w 4(1A) of the Tamilnadu Prohibition Act, 1937 in Crime No.164 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on the date of occurrence, based on the secret information, the respondent Police conducted a search at Ambalam Village and they found that the petitioners were in illegal possession of liquor bottles for illegal sale. Hence, the case.

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3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they were falsely implicated in this case and they are no way connected in the above said incident. He would further submit that no liquor bottles were recovered from the petitioners. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioners have two previous cases. He would further submit that the investigation is pending and the offences are grave in nature. Hence, he opposes to grant anticipatory bail to the petitioners.

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

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6. Considering the rival submissions on either side and the quantity of the material involved in this case and though the petitioners have two previous cases, the same are not similar kind of offences and in both the cases, they were granted bail, and the material part of the investigation might have been completed and no liquor bottles were recovered from these petitioners and hence, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioners are 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 Judicial Magistrate Court, Nanguneri, and on further conditions that:

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[b] the petitioners shall report before the respondent police once in a week ie., on Every Saturday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.

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

[d] the petitioners shall not abscond either during investigation or trial.

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

[f] On breach of any of the aforesaid conditions, the learned Judicial 5/8

Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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].

[g] If the accused/petitioners thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 20.04.2026 VSG 6/8

TO 1.The Judicial Magistrate Court, Nanguneri 2.The Inspector of Police, Moolakaraipatty Police Station, Tirunelveli District.

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

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P. DHANABAL,J., vsg

ORDER

IN CRL OP(MD) No.7586 of 2026 Date : 20/04/2026 8/8