Balamurugan Alias Japan v. State Of Tamilnadu Rep By Inspector Of Police, Srivilliputhur Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.05.2026 PRESENT THE HONOURABLE JUSTICE MR. K.K.RAMAKRISHNAN CRL OP(MD).No.9405 of 2026 Balamurugan alias Japan ... Petitioner / Accused No.1 Vs.

The State represented by The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.

(Crime No.234 of 2026) ... Respondent / Complainant For Petitioner : Mr.I.Velpradeep For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.234 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 police for the offences under Section 4(1)(B) of Tamil Nadu Prohibition (Amendment) Act and Section 24 of Tamil Nadu Prohibition Act, in Crime No.234 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 06.05.2026, at about 07.00 a.m., when the respondent police was on patrol duty, the petitioner and the other accused were illegally sold the liquor bottles before the opening of the TASMAC shop. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.Side), on instructions, submitted that the petitioner has seven (7) previous cases of similar in nature. Hence, he strongly opposed the grant of anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and considering the submission made by the learned counsel for the petitioner and though the petitioner has seven previous cases, in all cases, he was already released on bail, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Srivilliputhur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to 3/6

the satisfaction of the learned Judicial Magistrate No.II, Srivilliputhur, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(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 Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner is directed to make a non-refundable deposit of a sum of Rs.10,000/- (Rupees Ten thousand only) to the credit of the Tiruchuli Bar Association, having account in Indian Overseas Bank, Tiruchuli, Account No.247601000024274, IFSC No: IOBA0002476, MICR Code:626020206; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner; (c)the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial;

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(f) 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 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] and;

(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

13.05.2026 MGA To 1.The Judicial Magistrate No.II, Srivilliputhur.

2.The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.

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

4.The President, Thiruchuli Bar Association, Virudhunagar District.

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K.K.RAMAKRISHNAN,J., MGA

ORDER

IN CRL OP(MD) No.9405 of 2026 Date : 13.05.2026 6/6