Bose v. The State Rep By, the Inspector of Police

ORDER The petitioner apprehends arrest for the alleged offence under Sections 296(b) and 132 of BNS, 2023 r/w Section 4(1)(C) of Tamil Nadu Prohibition (Amendment) Act, 2024, in Crime No. 257 of 2026 on the file of the respondent police seeks anticipatory bail. Page2 of 5

¶2The case of the prosecution is that on 26.06.2026, when the respondent police were on routine vehicle check up at Vijayalakshmipuram near Anna salai, they found that the petitioner was found to be in illegal possession of 10 brandy bottles in a two wheeler bearing registration No.TN 18 BV 4689. Hence, the case.

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

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that petitioner has no criminal antecedents. However, she opposed to grant anticipatory bail to the petitioners. Page3 of 5

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, it is seen that the FIR was registered for possession of 10 bottles of TASMAC liquor illegally. However, from the submissions made by learned Government Advocate (Crl.Side), there is no criminal antecedents against the petitioner. Hence, this Court is of the firm view that at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Ambattur 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 Page4 of 5 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 respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, 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];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 15-07-2026 NR To:

¶1The Judicial Magistrate, Ambattur

¶2The Inspector of Police T1, Ambattur Police Station, Ambattur,Chennai.

¶3The Public Prosecutor High Court of Madras CRLoOPoNo.o18613oofo2026 C.KUMARAPPAN,oJ. NR CRLoOPoNo.o18613oofo2026 15-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Bose ..Petitioner(s) Vs The State Rep By, The Inspector of Police T1, Ambattur Police Station, Ambattur,Chennai. Crime No.257 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on the bail in the event of arrest in Crime No.257 of 2026 on the file of the Inspector of Police, T1, Ambattur Police Station, Chennai. For Petitioner(s): M/S.Ganesh Kumar For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)