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Madras High CourtCRL OP(MD)/9420/2026granted

Subramani v. State Of Tamilnadu Rep By Inspector Of Police, Pew-Kovilpatti

2026-05-13Honourable Mr Justice K.K. Ramakrishnan6 pages

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.9420 of 2026 Subramani ... Petitioner / Accused No.2 Vs.

The State represented by The Inspector of Police, PEW Kovilpatti, Thoothukudi District.

(Crime No.61 of 2026) ... Respondent / Complainant For Petitioner : Mr.A.S.Vaigunth 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.61 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 Sections 4A of Tamil Nadu Prohibition Act, 1937 and Section 4(1)(A) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.61 of 2026 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that, while the respondent police were on patrol duty, they allegedly found that A1 is in possession of illegal liquor bottles. Based on the alleged confession said to have been given by A1, the present petitioner was implicated as an accused in the case. 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 previous cases. A1 was arrested and released on bail. 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 the co-accused was already released on bail and based on the confession of the co-accused, he was implicated in this case, 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.I, Kovilpatti, Thoothukudi District, 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 the satisfaction of the learned Judicial Magistrate 3/6

No.I, Kovilpatti, Thoothukudi District, 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.20,000/- (Rupees Twenty 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;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the 4/6

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.I, Kovilpatti, Thoothukudi District.

2.The Inspector of Police, PEW Kovilpatti, Thoothukudi 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.9420 of 2026 Date : 13.05.2026 6/6