Gunasekaran v. State Rep by Inspector of Police

ORDER The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Section 4(1)(A) of Tamil Nadu Prohibition (Amendment) Act, 2024 in Crime No.15 of 2026 on the file of the respondent Police, seeks anticipatory bail. Page2 of 5

¶2The learned counsel for the petitioner, pleading the petitioner's innocence and alleging false implication, seeks the indulgence of this Court. He submits that the petitioner is arrayed as A2 and that this is the first anticipatory bail petition filed by the petitioner. He further submits that the case has been foisted against the petitioner for statistical purposes. The learned counsel contends that the petitioner will not abscond and is ready to abide by any condition imposed by this Court. Hence, he prays for the grant of anticipatory bail.

¶3The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police while opposing the grant of anticipatory bail, is that the petitioner, along with other accused, was found in illegal possession of 15 brandy bottles (150 ml. each). He further submits that there is one previous case pending against the petitioner.

¶4Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record.

¶5Taking note of the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to Page3 of 5 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 his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate – 1, Thiruvallur, on condition that the petitioner executes a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum, to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action Page4 of 5 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 28-04-2026 NSL To

¶1The Inspector of Police, PEW Thiruvallur Police Station, Thiruvallur District.

¶2The Public Prosecutor High Court of Madras.

¶3The Judicial Magistrate -1, Thiruvallur. CRLoOPoNo.o10623oofo2026 A.D.JAGADISHoCHANDIRA,oJ. NSL CRLoOPoNo.o10623oofo2026 28-04-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-04-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Gunasekaran ..Petitioner Vs State Rep. by Inspector of Police, PEW Thiruvallur Police Station, Thiruvallur District. (Crime No. 15 of 2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of the arrest pending investigation in Crime No. 15 of 2026 on the file of respondent police. For Petitioner: Mr.S.Esakkimuthu For Respondent: Mr.P.Dhileepan Government Advocate (Crl.Side)