Shanmugamoorthi @ Shanmugamoothi v. State Of Tamilnadu Rep By Inspector Of Police, Valanadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] DATED : 06.05.2026
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY Shanmugamoorthi @ Shanmugamoothi ... Petitioner Vs.
The State of Tamil Nadu Rep. by Inspector of Police, Valanadu Police Station, Trichy District.
Crime No.128/2026 ... Respondent For Petitioner : Mr.M.Pitchai Muthu For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.128 of 2026 on the file of the respondent-police.
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ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 189(2), 126(2) & 351(2) of the BNS, 2023 and Section 4(1)(C) of the Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No.128 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 23.04.2024, during polling, the petitioner and others illegally supplied liquor and when the same was questioned by the respondent police, all the accused persons gathered on the road and created a ruckus. Hence, a case has been registered against the petitioner and others. The petitioner is A1. The petitioner apprehends arrest.
3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He seeks this Court to grant anticipatory bail to the petitioner. Page No. 2 of 6
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the offence alleged is an election offence and that there are no previous cases against the petitioner.
5. Considering the facts and circumstances of the case and also taking into account that the offence alleged is an election offence and that there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail, in the event of his arrest or on his appearance, on condition that he 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 learned Judicial Magistrate, Manapparai, Trichy District, within a period of fifteen days from the date on which the order is made ready and subject to the following further conditions:
[a] The petitioner 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. Page No. 3 of 6
[b] The petitioner shall appear before the respondent police as and when required.
[c] The petitioner shall not tamper with the evidence or witness either during investigation or trial.
[d] The petitioner shall not abscond either during investigation or trial.
[e] 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
06.05.2026 JEN To 1.The Judicial Magistrate, Manapparai, Trichy District.
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2.The Inspector of Police, Valanadu Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY , J.
JEN Order in 06.05.2026 Page No. 6 of 6