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Madras High CourtCRL OP(MD)/8199/2026granted

Elambaruthi v. State Of Tamilnadu Rep By Inspector Of Police, Pew-Tenkasi

2026-04-27Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL

1. Elambaruthi

2. Sasikumar

3. Palanikumar

4. Ramaiah ... Petitioners/Accused No.4, 7, 8 & Vs State of Tamilnadu Rep by, The Inspector of Police, Pew-Tenkasi, Police Station, Tenkasi District.

Crime No.67 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory bail in Crime no.67 of 2026 on the file of the Respondent Police.

For Petitioners : T.Aswin Raja Simman, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent for the offence punishable under Section 4(1)(B) of Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.67 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners herein are the Secretary and Executive Committee Members of Royal Choice Best Sports and Recreation Club functioning at Alangulam, Tenkasi District. On 10.04.2026, at about 05.15 p.m, the respondent police conducted inspection and found that the petitioners supplied the liquor to the several non-members. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. He would further submit that the petitioners' club obtained Fl2 License as per the Tamil Nadu Liquor (License and Permit) Rules, 1981, and hence, the Club is entitled to supply Liquor to members and also to the guests as per the Rule 34(2) of the Tamil Nadu Liquor (License and Permit) Rules, 1981, 2/6

and no previous cases is pending against the petitioners. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) would submit that the petitioners, who are the Secretary and Executive Committee Members of Royal Choice Best Sports and Recreation Club functioning at Alangulam, Tenkasi District, supplied the liquor to the several non-members. Hence, he opposes to grant anticipatory bail to the petitioners. He would further submit that no previous case is pending against the petitioners.

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

6. Considering the rival submissions on either side and the nature of offences charged against the petitioners, and according to the petitioner, supplying of liquor to the non-members is not an offence and and no previous cases is pending against the other petitioners, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

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[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 learned Judicial Magistrate, Alangulam, Tenkasi District, and on further conditions that:

[b] the petitioners shall report before the respondent police as and when required for the 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 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 4/6

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) 27.04.2026 dss To 1.The Judicial Magistrate, Alangulam, Tenkasi District. 2.The Inspector of Police, Pew-Tenkasi, Police Station, Tenkasi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.8199 of 2026 Date : 27/04/2026 6/6