Muthaiah v. State Of Tamilnadu Rep By Inspector Of Police, Melur
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05/06/2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL
1. Muthaiah
2. Krishnan
3. Senthilkumar ... Petitioners/Accused Rank Not Known Vs State of Tamilnadu Rep by, The Inspector of Police, Melur Police Station, Melur, Madurai District.
Crime No. 225 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 225 of 2026 on the file of the respondent Police.
For Petitioners : T. Vadivelan, Advocate.
For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the 1/6
respondent for the offence punishable under Section 4(1)(A) of the Tamilnadu Prohibition (Amendment) Act, 2024, in Crime No.225 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 20.04.2026 at about 07.45 p.m, when the respondent police were on patrol duty at Thumbaipatti, the petitioners were found in illegal possession of 2928 numbers of 180 ml liquor bottles. 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' name were not found in the FIR and based on the confession made by the co-accused, the petitioners herein were arrayed as accused and no previous case 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 were found in illegal possession of 2928 numbers of 2/6
180 ml liquor bottles and the investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioners. He would further submit that no previous case is pending against the petitioners the co-accused was arrested and he is still in custody.
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 the petitioners are not a named accused in the FIR and these petitioners were arrayed as accused based on the confession statement given by the co-accused and already the co-accused was arrested and still in custody and no previous previous case is pending against the petitioners, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Melur, on condition that the petitioners shall 3/6
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 concerned and on further conditions that:
[b] the petitioners shall report before the respondent police, every Saturday at 10.30 a.m. for a period of 4 weeks, and thereafter 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 Court himself as laid down by the Hon'ble Supreme Court in 4/6
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) 05.06.2026 dss To 1.The Judicial Magistrate, Melur.
2.The Inspector of Police, Melur Police Station, Melur, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
P. DHANABAL,J dss
ORDER
IN CRL OP(MD) No.9513 of 2026 Date : 05/06/2026 6/6