Murugaiah v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Murugaiah ... Petitioner/Accused No.3 Vs The State of Tamilnadu Rep By, The Inspector of Police, Moolakaraipatti Police Station, Tirunelveli District.

Cr.No.164 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Cr.No.164 of 2026 on the file of the respondent police.

For Petitioner : M.Jegadeesh Pandian, Advocate.

For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 4(1)(i) r/w 4(1A) of the Tamil Nadu Prohibition Act, 1937, in Crime No.164 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on the date of occurrence, based on the secret information, the respondent police conducted a search at Ambalam Village and they found that the petitioner and other accused were in illegal possession of liquor bottles for illegal sale. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that no recovery was made from the petitioner and the co-accused (A1 & A2) were already released on anticipatory bail by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that the petitioner and other accused were in illegal possession of liquor 2/6

bottles for illegal sale and the investigation is still pending and the petitioner has 5 previous cases. Hence, he opposes to grant anticipatory bail to the petitioner. He would further submit that the co-accused were already released on anticipatory bail by this Court.

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 petitioner, and the quantity involved in this case and though the petitioner has some previous cases, in those cases, he was released on bail and the co-accused were already released on bail, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court, Nanguneri, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 3/6

Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that:

[b] the petitioner shall report before the respondent police, daily at 10.30 a.m. for a period of 30 days, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner 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 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]. 4/6

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

09.06.2026 dss To 1.The Judicial Magistrate Court, Nanguneri.

2.The Inspector of Police, Moolakaraipatti Police Station, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.10534 of 2026 Date : 09/06/2026 6/6