Rangasamy v. The State Rep by

O R D E R The petitioner, who was arrested and remanded to judicial custody on

19.01.2026, for the alleged offence punishable under Sections 4(1)(C) r/w 4(1-A) of Tamilnadu Prohibition Act, 1937 in Cr.No.16 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that when the respondent police were in regular patrol, they found that the petitioner was found to be in illegal possession of 3 litres of country made arrack and 10 litres of fermented ingredients. Subsequently, the respondent police have recovered the same and arrested the petitioner, which led to the registration of the case. Hence, the present petition has been filed seeking bail.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has not committed any such offence as alleged by the prosecution. He further submitted that the petitioner is in custody from 19.01.2026 and he is ready to cooperate with the investigation and also ready and willing to abide by any conditions that may be imposed by this court. Hence, he prayed for grant of bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that the properties were seized, no previous case against the petitioner and investigation in this case is pending. Hence, he opposed for grant of bail to the petitioner.

¶5Heard both sides and perused the materials available on record.

¶6Considering the period of incarceration undergone by the petitioner, no previous cases reported against the petitoiner and properties were recovered. Though it is stated that investigation in this case is pending, I am inclined to grant bail to the petitioner, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate-II, Dharmapuri and on further conditions that: [a] 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; [b] 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;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

13.02.2026 Vv

Note :

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To

¶1The Judicial Magistrate-II, Dharmapuri

¶2The Inspector of Police, Thoppur Police Station, Dharmapuri.

¶3The District Prison, Dharmapuri

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR

, J.

Vv Crl.O.P.No2772 of 2026

13.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.02.2026 CORAM THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.2772 of 2026 Rangasamy ... Petitioner Vs. State rep by Inspector of Police, Thoppur Police Station, Dharmapuri. ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.16 of 2026 on the file of the respondent police, pending investigation. For Petitioner : Mr.Swamisubramanian For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)