Pazanisamy v. The State of Tamilnadu Through The,

O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(c), 4(1-A)(II) of the TN Prohibition (Amendment) Act, 2024, in Crime No.2 of 2026 on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner was found with illegal possession of four litres of ID Arrack. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case, not involved in any of the offence alleged and that the petitioner is ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioner reiterated the prosecution case and submitted that as per the complaint, the petitioner was found with illegal possession of ID arrack and that the investigation of this case is pending and there is no previous case as against the petitioner.

¶5Considering the submissions made, facts and circumstances of this case, nature of allegation, the fact that there is no previous case and property already recovered, and since custodial interrogation of the petitioner herein is not necessary for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Attur, Salem, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of copy of this order, this Order shall stand automatically cancelled; [b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [c] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter, as and when required for interrogation; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

03.02.2026 ssa

K. RAJASEKAR, J. ssa To

¶1The Judicial Magistrate No.I, Attur, Salem.

2.The Sub-Inspector of Police, PEW-Attur Police Station, Salem. (Crime No.2 of 2026)

¶3The Public Prosecutor, High Court of Madras. Crl.O.P. No.2306 of 2026

03.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.02.2026 CORAM THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.2306 of 2026 Pazanisamy S/o.Ramar ... Petitioner Vs The State Rep. By, The Sub-Inspector of Police, PEW-Attur Police Station, Salem. (Crime No.2 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent in Crime No.2 of 2026 on the file of the respondent police. For Petitioner : Mr.Deepan Uday For Respondent : M/s. J.R. Archana Government Advocate (Crl.Side) ******