Aarthi v. The State Rep. by the Inspector of Police,

ORDER The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(C), 4(1-A) ii TNP Act and 123 of BNS Act, 2023, in Crime No.307 of 2025, seeks anticipatory bail.

¶2The case of the prosecution is that while the respondent police along with their team was on regular patrol, intercepted the petitioner and found that Page2 of 5 the petitioner was alleged to have been found in illegal possession of 90 ML Blue Grape No.1 Brandy 100 Bottels and the same was seized by the respondent police. Hence, a case has been registered.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and she has not committed any offence as alleged by the defacto complainant and she has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and she is ready to co-operate with the investigation. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution's case and upon instructions submitted that the petitioner is having 2 previous bad antecedents. Hence, she opposed to grant anticipatory bail to the petitioner.

¶5I have heard the learned counsel on either side and also perused the materials available on record.

6.Considering the facts and circumstances of the case; taking note of the submissions made on both sides; the nature of allegations levelled against the petitioner; though previous cases have been reported, and the liquor bottles were also recovered, I am inclined to grant anticipatory bail to the petitioner, subject to 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 (15) days from the date Page3 of 5 on which the order copy is made ready, before the learned Judicial Magistrate No.-I, Villupuram District, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the learned Judicial Magistrate No.1, Villupuram District everyday at

10.30 a.m., for a period of three weeks and thereafter to appear before the respondent police as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; Page4 of 5

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 19-02-2026 GBI To

1.The State Rep. by the Inspector of Police, Grp StreetVillupuram DistrictVillupuram West Police Station, Villupuram District

2.The Judicial Magistrate No.1, Villupuram District.

3.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o4185oofo2026 K.RAJASEKAR,oJ. GBI CRLoOPoNo.o4185oofo2026 19-02-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-02-2026 CORAM THE HON'BLE MR.JUSTICE K.RAJASEKAR Aarthi ..Petitioner(s) Vs The State Rep. by the Inspector of Police, Villupuram West Police Station, Villupuram District. Crime No.307 of 2025. ..Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest on connection with Crime No. 307 of 2025 pending investigation on the file of Respondent police. For Petitioner(s): Mr.D.Balaji For Respondent(s): Ms.J.R.Archana Government Advocate (Crl. Side)