Perumal v. State Of Tamilnadu Rep By Inspector Of Police, Thirukkurungudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] DATED : 06.05.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY 1.Perumal 2.Sathishkumar ... Petitioners Vs.

The State of Tamil Nadu Rep. by Inspector of Police, Thirukkurungudi Police Station, Tirunelveli District.

Crime No.128/2026 ... Respondent For Petitioners : Mr.C.Susikumar 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 petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 4(1)(A) of the Tamil Nadu Prohibition (Amendment) Act, 2024 and Section 4(1)(aa) of the Tamil Nadu Prohibition Act, 1937, in Crime No.128 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 21.04.2026, the petitioners were found in illegal possession of 322 bottles of brandy (each containing 180 ml) without any permit or licence, for the purpose of selling the same at a higher rate to the public. Hence, a case has been registered against the petitioners. The petitioners apprehend arrest.

3. The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and that they have not committed any offence as alleged by the prosecution. He seeks this Court to grant anticipatory bail to the petitioners. Page No. 2 of 6

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioners were found in possession of 322 bottles and that there are more than 40 previous cases of a similar nature against them.

5. Though there are more than 40 previous cases against the petitioners, considering the fact that the date of occurrence is proximate to the election, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions, including payment of a fine.

6. Accordingly, the petitioners are ordered to be released on bail, in the event of their arrest or on their appearance, on condition that they shall execute 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, Valliyoor, 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 petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the Creche attached to this Madurai Bench of the Madras High Court and produce proof of such payment before the learned Judicial Magistrate, Valliyoor, at the time of executing the bond. Page No. 3 of 6

[b] 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. [c] The petitioners shall appear before the respondent police as and when required.

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

[e] The petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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 of BNS.

06.05.2026 JEN Page No. 4 of 6

To 1.The Judicial Magistrate, Valliyoor.

2.The Inspector of Police, Thirukkurungudi Police Station, Tirunelveli 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