Anbazhagan v. The State Rep by the Inspector of Police

ORDER The petitioners, who were arrested and remanded to judicial custody on

29.07.2026 for the alleged offences punishable under Sections 4(1)(C) and 4(1-A)(ii) of the Tamil Nadu Prohibition Act, 1937, read with Section 25(1B)(a) of the Arms Act, 1959, in Crime No.92 of 2026 on the file of the respondent police, seeks bail. Page2 of 6

¶2The case of the prosecution is that the petitioners were found in illegal possession of 2 litres of illicit arrack and 60 litres of fermented mixture, suspected to be spurious in nature, and was also found in possession of a country-made gun without any valid license or permission. Hence, the case.

¶3The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners have been in judicial custody since 29.07.2026 and they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of bail to the petitioners.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent strongly opposed the grant of bail to the petitioners. He submitted that the petitioners were caught in possession of a commercial quantity of raw materials used for brewing illicit arrack, along with an unlicensed country-made firearm. He further submitted that the investigation is still pending. Hence, he prayed for the dismissal of the bail petition.

¶5Heard the learned counsel for the petitioners as well as the learned Government Advocate (Criminal Side) appearing for the State and perused the Page3 of 6 materials available on record.

¶6Considering the facts and circumstances of the case, the nature of the offence alleged, the period of incarceration undergone by the petitioners, and the stage of the investigation, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

¶7Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- each (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Kalvarayan Hills, at Vellimalai, Kallakurichi District, 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the Page4 of 6 learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

20.08.2026 kmm 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. Page5 of 6 To

¶1The District Munsif Cum Judicial Magistrate, Kalvarayan Hills, Vellimalai, Kallakurichi District.

¶2The Superintendent, Sub Jail, Kallakurichi.

3.The Superintendent, Women's wing Sub Jail, Villupuram and District.

¶4The Inspector of Police Kariyalur Police Station, Kallakurichi District.

5.The Public Prosecutor, High Court, Madras. Page6 of 6

N.RAMESH, J. kmm CRL.O.P.No.23344 of 2026

20.08.2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.08.2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL.O.P.No.23344 of 2026 1. Anbazhagan 2. Rani ..Petitioners Vs The State Rep by The Inspector of Police Kariyalur Police Station, Kallakurichi District. Crime No.92 of 2026. ..Respondent PRAYER: To be enlarged on bail in Crime No.92 of 2026 on the file of the Inspector of Police, Kariyalur Police Station, Kallakurichi and District For Petitioners : Mr.R.Prabudoss For Respondent : Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side)