Petchimuthu v. State of Tamilnadu Rep by Inspector of Police, Vk Puram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.02.2026 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY CRL OP(MD)No.2260 of 2026 Petchimuthu ... Petitioner/ Accused

Vs The State of Tamil Nadu Represented by The Inspector of Police, V.K Puram Police Station, Tirunelveli District. (Crime No.53 of 2026)

... Respondent

For Petitioner : Mr.S.Balasubramanian

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Sid)

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act 2023. PRAYER :-For Anticipatory Bail in Crime No.53 of 2026 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(A) of the Tamilnadu Prohibition (Amendment) Act 2004 and Section 4(1)(c) of the Tamilnadu Prohibition Act, in Crime No.53 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The prosecution's case is that the de facto complainant had rented her house to the accused persons. Subsequently, she came to know that the accused persons had illegally stored brandy bottles in the rented premises, which led to the filing of the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

¶4The learned Government Advocate (Crl.Side) submitted that there are two previous cases pending against the petitioner and the property has been recovered. However, he vehemently opposed to grant anticipatory bail to the petitioner.

¶5Considering the facts and circumstances of the case and also the fact that the property has bee recovered, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute a 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 learned Judicial Magistrate, Ambasamudram, within a period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar card or bank pass book to ensure their identity; (b ) the petitioner shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Corporation Sethupathy Pandithurai Higher Secondary School, Railway Colony, Madurai, State Bank of India, Karimedu, Madurai, Account No. 30033864969, IFSC No.SBIN0008167, MICR Code: 625002017, without prejudice to his contentions and rights before the trial Court, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner; [c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. [d]the petitioner shall not tamper with the evidence or witness either during investigation or trial. [e]the petitioner shall not abscond either during investigation or trial. [f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. (S S Y J)

05.02.2026 msrm To

1.The learned Judicial Magistrate, Ambasamudram.

2.The Inspector of Police, V.K Puram Police Station, Tirunelveli District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

¶4The Headmaster Corporation Sethupathy Pandithurai Higher Secondary School, Railway Colony, Madurai, S.SRIMATHY,J msrm

ORDER IN

05.02.2026